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(영문) 인천지방법원 2014.06.20 2014고정1597
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a 124CC number plate without registration.

1. On July 25, 2013, the Defendant, without obtaining a license for a motorcycle issued by the Commissioner of the Local Police Agency, driven the above Oral Ba, which was not covered by mandatory insurance, on or around July 25, 2013, around 4 kilometers from the rock 1, 626-1, Seo-gu, Incheon, Seo-gu and the street in front of the Cheongtabol and the upper street in front of the same TPP.

2. As above, the Defendant driven at the above temporary border and proceeded about 30-40 kilometers in speed along the four-lanes in front of T Teaching Institutes in Seo-gu Incheon, Seo-gu, Incheon, along the direction of the Cheongbu District. There was an intersection where signals, etc. are installed.

In such cases, the driver has a duty of care to check whether there is a vehicle passing through the intersection by reducing the speed and keeping the front door well, and to prevent the accident by driving safely according to the traffic signal.

Nevertheless, the defendant neglected this and is proceeding in violation of the signal even though it was a stop signal.

From the right side of the proceeding to the left side of the victim U driver's V Ethz vehicle that entered the intersection in accordance with the signals, the latter part was received as the right side part of the victim's V Ethz vehicle.

As a result, the Defendant damaged the amount of KRW 1,075,706 for repairing the damaged vehicle due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police of U;

1. The actual condition survey report;

1. A report on investigation;

1. On-site and photographs of accident vehicles;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 151 of the Road Traffic Act, and selection of fines, respectively;

1. Aggravation for concurrent crimes;

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