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(영문) 제주지방법원 2020.01.31 2019고단1279
자동차손해배상보장법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 23, 2019, the Defendant, without obtaining a driver's license at around 06:30 on May 23, 2019, driven the C4schton car on the front of the Jeju City, which was not covered by mandatory insurance on the front of the Jeju City, and continued to proceed to the south from the lower side.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant stated “D ownership” in the indictment that the victim D(29 years old) management prosecutor who was parked due to negligence while driving the vehicle in his/her negligence. However, according to Article 19 of the evidence record, the owner of the E Pyeong-guon vehicle and III Radp vehicle is “F” and “D” is a person employed by F and managed by the said vehicle.

Therefore, it is determined that such recognition does not bring about a substantial disadvantage to the defendant's right of defense, and therefore, the above facts constituting the crime should be stated without the amendment process.

The part of the left side of the vehicle of E Pyeong-gu, Ⅲ is shocked to the right side of the said vehicle, and the said part is damaged to the extent equivalent to KRW 100,000,000 of the repair cost, and the victim did not provide personal information.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry of the written statements related to traffic accidents in DNA preparation;

1. Report on the occurrence of a traffic accident by police preparation, report on a traffic accident, each car inquiry, the ledger of driver's licenses for the accused, and entry into the mandatory insurance policy, respectively;

1. A statement in the facsimile sheet for preparation of the F;

1. Application of each of the visual Acts and subordinate statutes to each photograph;

1. The point of driving without obtaining a license among the legal provisions applicable to the facts constituting the crime and the judgment of the choice of punishment;

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