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(영문) 광주지방법원 2015.05.28 2014고단4890
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a vehicle B in the case of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act.

On August 29, 2013, the Defendant driven the car of the above Swiss area without obtaining a driver's license on August 17, 2013, and led to the driving of the car in accordance with one-lane between three-lanes from the direction of considering the roads in front of the Confucian School Association located in the Samang-gu, Gwangju.

At the time, the floor was dissatisfying, and the front side of the defendant was a large number of vehicles, so there was a duty of care to accurately operate the steering gear and the brakes and to maintain the safety distance from the front.

Nevertheless, even though the defendant was negligent in driving a motor vehicle in an excessively close vicinity and due to the negligence of the defendant's negligence, and even though the DNA motor vehicle driven by the victim C(57 years old) at the front of the defendant's right-handle stops in order to avoid a collision with other motor vehicles changing lanes, the defendant did not avoid it and received a part behind the motor vehicle in front of the motor vehicle in the above Swiss area.

As a result, the Defendant caused injury to the victim for about two weeks of medical treatment due to the above occupational negligence, and at the same time destroyed the car owned by the victim to have approximately KRW 2,529,670, such as the exchange of pans, for repair costs.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of a B SP car that was not covered by mandatory insurance, operated an automobile which was not covered by mandatory insurance by the Defendant, by driving the said SP car at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each traffic accident report;

1. The driver's license ledger;

1. The credit bureau and the mandatory insurance association;

1. A medical certificate;

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