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(영문) 부산지방법원 2016.03.18 2016고정204
도로교통법위반(무면허운전)등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On September 24, 2015, the Defendant, without a motor bicycle driver’s license on September 11, 2015, driven a D non-license 125cm in the section of approximately 1.1km from the 1.1km to the front road of the 1,000-dong community service center, located in Busan, Seo-gu, Busan, Seo-gu, Busan, Seo-gu, 117.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a bicycle for a motor 125cc motor device.

On September 24, 2015, the Defendant driven a bicycle with a motor device around 11:05, and led the front of the Dong office, Seocheon-gu, Busan, Seocheon-gu, to a reduced shooting distance range from the front of the Dong office.

Since there is a separation between the roadway and the delivery, in such a case, the driver of the motor device has a duty of care to safely drive the roadway without harming the right and the right and the right of the driver of the motor device.

However, the Defendant did not neglect this and did not discover the FM5 car owned by the Victim E, which entered the right from the left side of the direction of the proceeding to the right by negligence that caused the transfer, while neglecting it. The Defendant received the front side of the damaged vehicle from the front side of the motor device bicycle owned by the Defendant.

After all, the defendant damaged the victim's car to be equivalent to 941,769 won of the repair cost due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of occurrence of traffic accidents prepared by E;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of next inquiry and estimate;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act and Article 154 of the same Act concerning the selective punishment (the point of license for the bicycle riding), Article 43 of the same Act (the point of license for the bicycle riding), Article 151 of the Road Traffic Act (the point of

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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