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(영문) 의정부지방법원 2015.11.13 2015고단2194
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of Cone Star Cargo Vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Road Traffic Act (unlicensed Operation).

On March 26, 2015, the defendant driven the above cargo without the driver's license of the motor vehicle, and led the two-lanes of the 1417 East Korean National Bank in order to drive the motor vehicle according to the two-lanes of peace.

At night, there was an intersection where signal lights are installed at the front door, so in such a case, there was a duty of care to reduce the speed for the person engaged in driving a motor vehicle and to check the front door well, and to maintain the safety distance with the motor vehicle under stop, to prevent the sudden accident.

Nevertheless, the defendant's negligence without obtaining a driver's license and neglected to do so, caused the part of the front part of the vehicle driven by the defendant, which was in the front part of the vehicle driven by the victim D (W, age 3) who was in the atmosphere of the signal at the front.

After all, the Defendant suffered from the above occupational negligence on the part of the victim F (n, 32 years of age), each of which requires light-based treatment for about two weeks, such as fluoral salt, etc.; the injury of fluoral salt in need of light-based treatment for about one week to the victim G (3 years of age); and the injury of fluoral salt in need of medical treatment for about one week to the victim H (5 years of age).

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant did not subscribe to automobile mandatory insurance at the same time and at the same place, but operated C Cost Star Cargo Vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions concerning facts constituting an offense;

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