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(영문) 춘천지방법원 원주지원 2020.07.23 2020고단218
도로교통법위반등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 13, 2019, the Defendant violated the Road Traffic Act: (a) driven a motor bicycle without registration on September 15:36, 2019; (b) driven the front of the B apartment in front of the original city at the speed of the two-lane road in the vicinity of the Dong-dong office, along the distance of unification.

It was a road where vehicles are frequent and parked in a two-lane, so there was a duty of care to safely operate the vehicle driving service by accurately manipulating the front door and the left and right, and accurately operating the brakes and steering gear.

Nevertheless, the Defendant neglected this and brought the front side of the victim's vehicle moving from one lane to two lanes in order to drive the said motorcycle between the vehicle parked in a two-lane for overtaking vehicles operated by the victim C(52 years of age) and the victim's vehicle in order to drive the said motorcycle and make a right-hand riding, the Defendant shocked the front side of the victim's vehicle moving from one lane to two lanes.

Ultimately, the Defendant damaged the front part of the victim vehicle by occupational negligence as above to the extent that the repair cost is equivalent to KRW 3,259,835.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license for a temporary light motor bicycle as stated in the above paragraph (1) and driving a non-registered motor bicycle 125 cc. at the section of approximately 2 km from the Won-si to the front of the same city apartment.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, who was the owner of a 125c motor bicycle without registration, did not purchase a mandatory automobile insurance policy, and operated the said vehicle as described in the foregoing paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a fact-finding survey report, on-site map, and on-site photographs;

1. Inquiry into the AA driver's license register;

1. Written estimates (D) 1.

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