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(영문) 대전지방법원 논산지원 2017.08.18 2017고단359

자동차관리법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around May 2016, the Defendant violated the Automobile Management Act: (a) attached a registration number plate and seal affixed to the Defendant’s father’s BIDAS PPS US Cor be removed from the Defendant’s registration number plate and seal attached to the Defendant’s father’s BIT ACE 110 Oba; (b) on April 20, 2017, around 08:35, the Defendant operated the said Oba on the road in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. < Amended by Presidential Decree No. 27420, Apr. 20, 2017>

Accordingly, the defendant used the number plate of two-wheeled automobile, air straw, and exercised the air straw which was unlawfully used.

2. The defendant who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Guarantee of Compensation for Motor Vehicles shall not operate a motor vehicle that is not covered by mandatory insurance, as a person who is engaged in driving duties unregistered CIT I ACE 110 Oba in the same manner as that described in paragraph (1);

On April 20, 2017, the Defendant, who was not covered by mandatory insurance on April 20, 2017, was driving the above otoba, and continued to drive the above oba, leading to C in front of the Haba-gun assigned from the long distance to the museum located in the ancient city.

It is a commercial district with a large number of stores, such as restaurants, where pedestrians have a lot of traffic, so there was a duty of care to prevent accidents by safely driving a person engaged in driving a motor vehicle by taking into account whether there is a pedestrian or a motor vehicle and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and led the victim D (74 tax) who was crossing the road to the right-hand side from the left-hand side of the Defendant’s running direction by neglecting it, and suffered an injury to the victim’s blood transfusion, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiry into mandatory insurance;

1. Making teas;

1. Medical certificate (D);

1. Application of the photographic legislation.