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(영문) 대전지방법원 천안지원 2017.03.16 2016고정737
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

1. On December 6, 2014, the Defendant violated the Road Traffic Act driving a two-lane road in front of the Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Sungsungsung Elementary School without a driver’s license on December 16, 2014, along the two-lanes in front of the national livestock industry and the private teaching institute on December 6, 2014.

At the time, the Defendant’s vehicle was parked in the victim C Daco on the rear side of the vehicle. In such a case, the Defendant had a duty of care to check whether the vehicle was left behind.

However, the defendant neglected to do so and proceeded with the defendant's vehicle, and then the victim's vehicle's right-hand part was shocked.

The defendant damaged the car owned by the victim by the above occupational negligence to be equivalent to KRW 563,273.

2. Around 16:50 on December 6, 2014, the Defendant driven a car with approximately 5m section B in front of the Seongbuk-gu Seongbuk-gu Sungsung Elementary School without a vehicle driver’s license.

3. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

However, the Defendant operated the B low-speed car that was not covered by mandatory insurance at the time and place in Paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. An actual survey report, a report on the occurrence of a traffic accident, and a map;

1. A traffic accident-related person's written statement, accompanying documents (a photograph and estimate of damaged vehicles), and an inspection photograph of the accident scene;

1. The driver's license ledger;

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

1. Relevant legal provisions and Article 151 of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8, and the selection of fines, respectively, concerning facts constituting an offense;

1. The aggravated Criminal Act for concurrent crimes.

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