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(영문) 전주지방법원 정읍지원 2017.10.26 2017고단312
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service with B/T 100 Oral Ba, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On June 28, 2017, the Defendant driven the upper obbaon around 13:50 on June 28, 2017, and led to the flow from the south village to the Sejong Village with the gear village located in the Silg-ri, Sin-si, Sin-si.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant neglected this and got the injured party to go beyond the road on the part of the injured party C(76) driver's 100 cubic meters driving who was driving on a road adjacent to the negligent negligence of driving the central line.

As a result, the Defendant suffered injury, such as a duball, etc., from the victim’s occupational negligence in need of approximately 10 weeks medical treatment.

2. Violation of the Road Traffic Act (Non-licensed driving) driving of the Defendant, at the time from the front of his residence to the place specified in paragraph 1, is about 8 km section from the front of his residence to the front of the Defendant’s place specified in paragraph 1, the Defendant driven the 100 cubic ob in City B without obtaining a motor device license.

3. Although the Defendant violated the Guarantee of Automobile Compensation for Damages, he was prohibited from driving a motor vehicle on a road which is not covered by mandatory insurance, he was driving a motor vehicle B 100 occin without purchasing mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. A traffic accident report;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 3(1), the proviso of Article 3(2)2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the choice of imprisonment without prison labor), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the driver without permission) concerning criminal facts.

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