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(영문) 춘천지방법원 2018.08.13 2017고단1318

도로교통법위반등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a B Poter truck in violation of the Road Traffic Act and the Road Traffic Act (unlicensed driving).

On September 10, 2017, the Defendant driven the instant cargo truck without a driver’s license, and operated approximately 1 km section to the “E cafeteria” parking lot located in D on the front of the farm located in Hongcheon-gun, Hongcheon-gun, Gangwon-do.

Since there is a parking lot connected to the road, there was a duty of care to accurately operate the brake system such as the boom in the case of parking for the driver.

Nevertheless, the Defendant neglected that, by negligence, parked the freight truck as it was parked, left off the parking lot, and parked in front of a cafeteria which dried off the road, and received the front pent part of the H radar car’s driving seat from the victim G, which was parked in front of the cafeteria E restaurant.

The Defendant damaged the 395,316 won of the repair cost by negligence on the part of the above job.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of the above cargo truck.

No owner of a motor vehicle shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, the defendant operated the freight truck that is not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of the actual survey report, driver's license ledger (A), the following inquiry report (10 times a month), the mandatory insurance inquiry report (11) and written estimates-related statutes;

1. Relevant Article 151 of the Road Traffic Act concerning facts constituting an offense (the point of destruction of property by negligence, the selection of imprisonment without prison labor), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without obtaining a license for motor vehicle, the choice of imprisonment), Article 46 (2) 2, and the main sentence of Article 8 (the main sentence) of the Guarantee of Automobile Compensation;