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(영문) 부산지방법원 2018.06.27 2018고정684
도로교통법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 7, 2017, the Defendant driven at around 15:42, B, Ireland 125CC and proceeded to turn to the left at the speed of about 15 kilometers per hour from the center side of the Han Bank, the front side of the Han Bank, located in the Southern-gu Busan Metropolitan City, at the speed of about 15 kilometers per hour.

In such a case, even though the driver of a vehicle has a duty of care to confirm and drive safely the traffic situation on the right side of the front side, the Defendant failed to perform such duty of care, and thereby caused the damage to the victim C (Y, 42 ) who is driving a Uton in accordance with the new subparagraph on the same one lane, and caused the damage to the use of the property in order to reach the repair cost equivalent to KRW 5,875,034 on the damaged vehicle.

2. The Defendant, without having obtained a motor device bicycle driver’s license, driven a 500-meter load above 500 meters from the front of the waterside park in Busan Jung-gu to the place of the accident.

3. Although the Defendant was prohibited from operating a vehicle that was not covered by a mandatory insurance policy, the Defendant operated the said vehicle without purchasing a mandatory insurance policy.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. A traffic accident report;

1. An inquiry into the enemy and mandatory insurance;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

1. Relevant Article 151 of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act (hereafter referred to as "unlicensed driving"), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the selection of fines, respectively, concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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