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(영문) 대전지방법원 홍성지원 2019.03.13 2019고단80
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

On July 19, 2018, the Defendant was sentenced to ten months of imprisonment or two years of suspended execution for a violation of the Road Traffic Act at the Daejeon District Court on July 19, 2018, and the judgment became final and conclusive on July 27, 2018 and is currently under suspended execution.

1. On November 15, 2018, the Defendant driven a motor bicycle of about 4.1km without obtaining a license for a motorcycle in the section of 4.1km, which was not covered by the mandatory insurance, from the Hongsung-gun to the new intersection located in 317-7, Chungcheongnam-gun, Chungcheongnam-gun, Hongsung-gun, Hongsung-gun, Seoul-do, to the new intersection located in 317-7.1km.

2. On November 15, 2018, the Defendant violated the Road Traffic Act, who is engaged in the driving of a motor bicycle 125cc motor vehicle driving without a registration, was driving the motor bicycle at around 16:20 on November 15, 2018, along the two-lanes of the new intersection in the Danam-gu Seoul Metropolitan City 317-87.

At this point, there was a duty of care to prevent accidents with other vehicles in the signal atmosphere by thoroughly operating the front-way vision in the vehicle driving service and accurately operating the brake system.

Nevertheless, the defendant's negligence of neglecting the operation of the brake system while driving so that the victim C (21) who was parked in front of the direction of the defendant's driving by failing to properly operate the brake system, has been driving in front of the direction of the driving, and the latter part of the driver's car, which is the fladal of the defendant's motor vehicle, has been driven in front of the motor bicycle, and is driving

The Patent Act was applied to the front part of the bus belonging to the official military unit operated by the victim D(the age of 21) who was stopping on the side of the car in the car of the Republic of Korea.

Ultimately, the defendant damages the above diversical car to the repair cost of KRW 483,767 due to the above occupational negligence, and the above bus is used to cover the back part.

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