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(영문) 부산지방법원 2014.11.28 2014고정2997
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driver's service of juice 125cc.

1. Around 22:25 on April 17, 2013, the Defendant violated the Road Traffic Act (Occupational Negligence Property Destruction and Damage), driving the above motorcycle and driving the two lanes of the two lanes in front of the apartment building, which is located in the Dog-dong, Doging at the private elementary school.

At that place, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle that drives the motor vehicle along the intersection by reducing speed and taking into account well the direction of the road, and to prevent the accident in advance by driving the motor vehicle safely according to the traffic signal.

Nevertheless, the defendant neglected this and brought the right side of the DSS3 car driving by the victim C who is left to the right side in the direction of the new emulation of the emulgary apartment, which was driven by the victim C, in the direction of the new emulgal apartment.

Accordingly, the defendant damaged the car in front of the car by occupational negligence to KRW 1,067,617.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a motorcycle driver’s license, and driving the above otobb on the part of approximately one kilometer, such as paragraph (1), while under the influence of alcohol with a blood alcohol concentration of 0.178 percent.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as prescribed in paragraph (1), driven the above urba without mandatory insurance.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Reports on the occurrence of a traffic accident and reports on the occurrence thereof;

1. On-site photographs;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses and details of cancellation thereof;

1. Application of the written estimate for automobile inspection and maintenance;

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and

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