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(영문) 대구지방법원 김천지원 2017.08.31 2016고단223

도로교통법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 17, 2015, the Defendant, without a driver's license of a motor vehicle, driven the B rocketing motor vehicle without mandatory insurance, led to the front of the D parking lot located in the old City City C from the room of the Natural Environment Training Institute to the Seoland.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take care of the rear side and the left side and the right and the left side, and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected to do so and went back to the right side of the Defendant’s vehicle, and continued to move back to the left side of the passenger vehicle in Folland, which the victim E parks with the right side of the Defendant’s vehicle, to the front side of the passenger vehicle, and received the part of the Defendant’s G driver’s G driver’s H part in front of the passenger vehicle in Folland, which was parked in the front side of the coffee G driver’s car in front of the coffee-dong-dong, Seoul Metropolitan City.

Ultimately, the Defendant damaged the car of the horse at the end, which is equivalent to KRW 936,320 of the repair cost, by negligence of the above business, to the extent that the car of the horse at the end is equal to KRW 587,950.

Summary of Evidence

1. Each police statement protocol with respect to G and E;

1. On-site photographs, actual condition survey reports and photographs, and written estimates; and

1. Registers of driver's licenses (A) and details of revocation of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries about mandatory insurance and information about non-performance of mandatory insurance;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 (Selection of Imprisonment with Labor), Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are that the defendant has been punished for driving without a license, and in particular, the defendant has been punished for driving without a license. < Amended by Presidential Decree No. 26500, Sep. 23