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(영문) 인천지방법원 2019.08.22 2019고정1245

도로교통법위반(무면허운전)등

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Defendant shall be punished by a fine of 1.5 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 a 110cc c c c sc sc sc sc sc sc sc sc.

On October 16:51, 2018, the Defendant, without obtaining a motorcycle driver's license on October 16, 2018, continued to proceed to B cafeteria from the side of the Seo-gu Incheon Metropolitan City.

There are many commercial buildings in the vicinity, and many parked and parked vehicles are narrow road width, and the driver of the vehicle has a duty of care to look at the front side and the left side and the right side of the vehicle and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

However, the Defendant was negligent in driving a vehicle while driving the vehicle as it was, but the part of the victim C(22 years old) who was parked in front of the above B cafeteria was placed in front of the driving of the Defendant.

Ultimately, the Defendant damaged property by occupational negligence in order to cover approximately KRW 1,871,925 of the cost of repairing the victim’s vehicle.

2. The Defendant violated the Compensation for Motor Vehicle Loss Act is a holder of the foregoing unregistered 110cc.

No automobile which is not covered by mandatory insurance shall be operated on a road.

However, the Defendant operated the foregoing unregistered calca, which was not covered by mandatory insurance at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to a traffic accident report, actual condition investigation report, and quotation;

1. Relevant Article of the Act on Criminal Facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;