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(영문) 의정부지방법원 고양지원 2020.06.26 2020고정287
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a second 110cc master motor bicycle.

On December 24, 2019, the Defendant driven the above motorcycle on December 10, 2019, and led to the change of the lane into one lane after moving the intersection of the gold-line distance from the west bank to the right side of the road from the west bank to the right side of the road.

In this case, there was a duty of care to inform the person engaged in the driving of the vehicle of the direction by the direction, etc., and to safely change the lanes and prevent accidents by properly examining the traffic conditions on the front side.

Nevertheless, the Defendant did not turn on the direction direction, etc., but by the negligence of changing the lane, received the part on the right side of the victim C(SP) driving D SP car as the left side of the above motorcycle.

Ultimately, the Defendant damaged the above SP car amounting to KRW 2,850,100 as repair cost by negligence in the course of business as above.

2. The Defendant driving a motor bicycle as stated in paragraph (1) without obtaining a motorcycle driver’s license in the section of about 8 km from the road located in E at the time of the temporary warning as stated in paragraph (1) to the gold-line intersection of the same city 6-40 meters.

Summary of Evidence

1. The application of the defendant's legal statement C to the police's written statement, the detailed statement, the mandatory insurance inquiry (Evidence No. 12 No. Serial No. 12), the report on traffic accident in a written estimate, the report on the occurrence of traffic accidents, and the application of the statutes

1. Relevant Article of the Act on the Criminal Facts, Article 151 of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and Article 8 of the Act on the Guarantee of Automobile Accident Compensation;

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