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(영문) 의정부지방법원 2016.08.18 2015고단4402
도로교통법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a vehicle with a driver’s license under the Road Traffic Act and the Road Traffic Act (unlicensed driving).

On April 3, 2015, the Defendant driven the above vehicle without a driver's license on April 10, 2015, while driving the vehicle at around 10:50, and driving the road at the front of D in the direction in the direction in the luminous direction.

At this point, there is an intersection where signal lights are installed, and in the same direction the victim E (51) is followed by the rear of the Fpoter II cargo vehicle that is driven ahead of the same direction, so the situation is well grounded and the safety distance was secured, and there was a duty of care to safely drive the cargo in accordance with the new signals.

Nevertheless, the defendant received the rear part of the damaged vehicle which is stopped in accordance with the stop signals due to the negligence of driving excessively adjacent to the defendant, in front of the defendant.

Ultimately, the Defendant damaged the damaged vehicle to cover approximately KRW 1,100,000 of the repair cost due to such occupational negligence.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the defendant operated the car at the above date, time, and place, which is not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports on traffic accidents and circumstantial reports on driving without licenses;

1. Written estimate;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment, etc.), Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Article 37 (former part), Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Code for the punishment of concurrent crimes is revoked due to drinking driving.

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