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(영문) 인천지방법원 2020.01.17 2019고단8465
도로교통법위반등
Text

Defendant shall be punished by imprisonment without prison labor for three months and by a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Power】 On January 25, 2018, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Incheon District Court, and completed the execution of the sentence on June 28, 2019.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a numberless motorcycle;

On September 25, 2019, the Defendant driven the above motorcycle on September 25, 2019, and proceeded to turn to the left at the direction of AC Middle School at the Yannam Children Park.

In such cases, a person engaged in driving of a motor bicycle has a duty of care to observe signals and to safely drive the motor bicycle with a view to keeping the front door and the right and the right.

Nevertheless, the Defendant neglected this and destroyed the repair cost by taking the front part of the said motor vehicle, which was driven by the victim AD driving on the right side from the left side of the proceeding to the right side, by the negligence of failing to make the left-hand turn in violation of the signal, and by taking the front part of the said motor vehicle, which was driven by the victim AD in accordance with the new code.

2. Around 00:20 on September 25, 2019, the Defendant driven a non-motor bicycle without a license for a license on a section of about 2 km from the front of the station station located in the 91st line of Michuhol-gu Incheon, Seo-gu, Incheon, Seo-ro, 324, to the front of the 324 sub-road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Registers of driver's licenses;

1. Written estimate;

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

1. Relevant legal provisions concerning the facts of crime and Article 151 of the Road Traffic Act (the point of causing a loss by negligence, the selection of imprisonment without prison labor), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving without obtaining a license and the selection of fines);

1. The crime of violating the Road Traffic Act due to the negligent destruction and damage in Article 35 of the Criminal Act among repeated crimes.

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