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(영문) 서울북부지방법원 2018.06.22 2017고정1349
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 201, 2017, the Defendant driven a non-registered private-wheeled Scane owned by the Defendant, and turn to the left at the first lane of the three-lane road in the direction of the water basin in the direction of the river basin through the intersection in front of the Seoul Gangseo-gu Seoul Metropolitan Government.

The driver of any motor vehicle has a duty of care to properly report the signal apparatus on the front side and to prevent accidents by proceeding in accordance with the signals as instructed by the signal apparatus.

However, in violation of this, the Defendant destroyed the above E vehicle by shocking the front part of the E vehicle driven by D, which is directly driven by the front part of the opposite part of the Madon when the Defendant started from the front red signal, so that the amount of KRW 18,951,360 for the estimate of the repair of the 90 type other than the front Badon exchange is equivalent to 18,951,360.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A protocol concerning the examination of suspects of D;

1. A survey report on the actual condition of occurrence, on-site photographs, and black stuffs images;

1. Application of the written estimate statutes;

1. Article 151 of the Road Traffic Act and the selection of fines concerning facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Part not guilty under Article 334 (1) of the Criminal Procedure Act in the order of provisional payment (non-guilty driving) of the said Act;

1. No one shall drive a motor vehicle, etc. which is essential in the facts charged, without obtaining a driver's license from the Commissioner General of the Local Police Agency or whose effect has been suspended;

Nevertheless, the Defendant, without obtaining Class 2 small-sized licenses, was driving at around 21:05, on a non-licensed condition without obtaining a non-licensed license (SPY F1 350C).

2. The assertion and judgment

A. The argument prosecutor instituted a public prosecution on this part on the premise that the Defendant’s driver’s stobane (hereinafter “the instant Obane”) constituted the exhaust displacement of 350cc or more.

In this regard, the defendant and his defense counsel set forth the second type of Oral Ba in this case.

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