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(영문) 창원지방법원 2021.01.14 2020고단2712
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of the Unregistered Co., Ltd. 125cc or 125cc or more.

On March 3, 2020, the Defendant driven the above Oralab on the 19:10 on March 3, 2020, and continued the front road C in Kimhae-si B from C to D village protection.

Since the above roads were installed with the center line of yellow solid lines, there was a duty of care to safely proceed along the lane and prevent accidents in advance by accurately operating the steering and steering system for the persons engaged in Ototoba.

Nevertheless, the Defendant neglected this and went along the center line, and went along the lane from the right side of the Defendant by the negligence of crossing the above road, and brought the part of the victim E (the 28-year-old driver) driving the FMW car into the front right side of the Oratob, the upper part of the FMW car.

Ultimately, the Defendant damaged the said BMW car by occupational negligence in a way that is equivalent to KRW 3,395,300 for repairing costs, such as exchanging the previous BM car.

2. Violation of the Road Traffic Act (Non-licenseless Driving) the Defendant driven the unregistered 125cc col C-pick-pick-packer, without obtaining a motor bicycle driver's license from the Defendant's house located in G at the time of Kimhae-si to the front road located in C-W at the time of the day set forth in paragraph (1) of this Article.

3. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant did not purchase mandatory insurance and operated the unregistered 125cc c Obane as described in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Written estimate, vehicle driver's license ledger, and mandatory insurance;

1. Each photographic investigation report (the 14th time a month) is applicable to the legislation.

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