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(영문) 인천지방법원 2017.11.06 2017고정812
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 12, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Road Traffic Act: (a) was a person engaged in driving of the vehicle B, and (b) was driving the said vehicle without obtaining a driver’s license on October 15, 2015; and (c) was driving the said vehicle along the four-lane road in front of the 201-lane, which is one of the two-lanes of the two-lanes in front of the 201-west-gu, Incheon, Seo-gu, Seoul, along the two-lanes of the road.

At the time, the victim C(51) was driving a car in the front section, so in such a case, the defendant engaged in driving service has a duty of care to report the traffic situation of the front section well and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected to do so and neglected to do so and received the right-hand part of the above Saturdays car as the left-hand part of the No.S. car due to the occupational negligence conducted by the Defendant.

Ultimately, the Defendant damaged the said car by its occupational negligence so that approximately KRW 717,348 of the repairing cost, such as the left-hand set of the said earth car, would be KRW 717,348.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a B Ors car.

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

Nevertheless, the defendant operated the car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of occurrence of traffic accidents prepared C;

1. The application of Acts and subordinate statutes to photographs of damaged vehicles, survey reports on actual condition, estimates, the ledger of driver's license, and mandatory insurance inquiries;

1. Relevant legal provisions concerning facts constituting an offense, Article 152 subparag. 1, Article 43 of the Road Traffic Act (the point of driving a unlicensed motor vehicle), Article 151 of the Road Traffic Act (the point of destroying duties and property), and the Guarantee of Automobile Compensation.

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