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(영문) 부산지방법원 2019.03.20 2018고정1620
도로교통법위반등
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who owns a 124cc. mera, which is not covered by mandatory insurance, and is engaged in driving.

On April 3, 2018, the Defendant driven the above Obaon without a motorcycle driver's license on April 23:30, 2018, and led to the Busan Central Police Station of Jung-gu, Busan to drive it directly from the south-do along the side of Busan to the south-do.

Since there is a place within the intersection, there was a duty of care to check and drive safely the traffic conditions of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and went outside of the excursion ship installed in the intersection and got out of the part of the victim B's front of the taxi in the direction of the Defendant's proceeding, which was driven by the victim B, with the left side of the Defendant's vehicle.

Ultimately, the Defendant is driving a motor vehicle with no mandatory insurance without a motorcycle driver's license.

The cost of repairing damaged vehicles was incidental to KRW 1,568,026 due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. B Statement on the occurrence of a traffic accident;

1. Application of the Acts and subordinate statutes on the actual condition of traffic accidents, and estimates;

1. Relevant Article 151 of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 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 Guarantee of Automobile Accident Compensation Act, and the selection of fines for crimes;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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