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(영문) 울산지방법원 2020.04.07 2020고정2
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of Orala with non-numberless launchs.

At around 15:40 on August 12, 2019, the Defendant driven the said vehicle without a motor device driver’s license within approximately 2 km section from Ulsan-gun to the access road to the Eglsan bank in D via the Mayor of Ulsan-gun, Ulsan-si, and C.

B. The Defendant in violation of the Road Traffic Act was driving the above vehicle at the time of the act like the preceding paragraph and continued access to the access road to the Eglsan-gun, Ulsan-si, Ulsan-si.

Since there are frequent traffic of vehicles, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and neglected the part on the right side of the Defendant’s vehicle, which was directly directed from the Mad F apartment on the side of the national highway No. 24 to the Ulsan Road Access Road from the 24th National Road, and received as the front side of the Defendant’s vehicle’s upper left side.

Ultimately, the Defendant damaged another person’s property equivalent to KRW 1,680,140 of the estimate of repair of damaged vehicles by occupational negligence as above.

C. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated an automobile which was not covered by mandatory insurance on the road when the act such as “A” and “B” was committed; (b) the Defendant, despite the fact that it was unable to operate on the road, was not covered by mandatory insurance at the same time

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition of traffic accidents;

1. An accident site, a vehicle photograph, or black stuffs image;

1. Application of the Acts and subordinate statutes on the register of driver's license, mandatory insurance and estimates;

1. Article 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 of the same Act, Article 151 of the Road Traffic Act and Article 154 of the same Act, which provide applicable legal provisions to the facts of crime, the choice of punishment, etc.;

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