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(영문) 부산지방법원 2013.07.23 2013고정700
도로교통법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of Oral Ba at 125 cc. without a number plate owned by the defendant.

1. On April 9, 201, at around 03:10 on April 9, 201, the Defendant, without a motorcycle driver’s license, driven approximately 1 kilometer from the front side of the primary driving distance in the Seocho-gu Busan Metropolitan City, Busan, to the front side of the intersection in the east-dong, Busan, a place of accident.

2. In the case of paragraph 1, the Defendant had a duty of care to accurately operate the steering system, brakes and other devices of the vehicle and prevent accidents from occurring on the following grounds: (a) if the Defendant had, without a motorcycle driver’s license, the driving of the above Obaba in front of the intersection road located in the east-dong, Busan Metropolitan City.

Nevertheless, the Defendant neglected this and went beyond the center line in order to overtake the damaged vehicle of the front line, and received the front part of the damaged vehicle's driving vehicle's front part prior to the driving of the injured vehicle by giving out the vehicle's vehicle volume to the victim B 45 years old driving prior to the end.

Therefore, the 1,618,353 property equivalent to the repairing cost, such as the exchange of front-hands of the damaged vehicle, was damaged.

3. Although the Defendant was prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he was operated as provided in paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. B Statement of traffic accident;

1. Application of the traffic accident report (1) and (2), the ledger of driver's license, photographs at the scene of the accident, CCTV image-shield photographs, and written estimates for damaged vehicles;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of licenseless driving of a motorcycle), Article 151 of the Road Traffic Act (the point of causing damage to property by negligence), Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act.

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