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(영문) 광주지방법원 2018.10.16 2018고단1502
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the violation of the Road Traffic Act (Unlicensed Driving) are those who are engaged in driving service of Category B motor vehicles.

On September 19, 2017, the Defendant driven the said vehicle without obtaining a driver's license of the said vehicle on September 17, 2017, and led to two lanes, among three lanes in the northwest-gu, Gwangju Mine-gu, Gwangju, the two lanes of the ICF distance, which are located along the northwest-gu, Gwangju, to a long speed of about 65 km from C to a long distance.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent the accident.

Nevertheless, the Defendant did not discover by negligence that the E-Wood car driven by the victim D, who was under the influence of the foregoing duty of care, was parked in the front line, and did not receive the backer of the victim's vehicle from the front line of the vehicle of the Defendant, and suffered injury to the victim F, who was the passenger of the victim and the damaged vehicle, for approximately two weeks of treatment respectively.

2. The Defendant violated the Road Traffic Act (unnecessary Measures after Accidents), and the Road Traffic Act at the same time and at the same place as paragraph 1, damaged the victim’s vehicle by negligence as above to repair KRW 489,358.

Nevertheless, the defendant immediately stopped and escaped without taking necessary measures when a traffic accident occurs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Written estimate;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Articles 148 and 54(1) of the Road Traffic Act, and the Road Traffic Act concerning criminal facts.

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