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(영문) 대구지방법원 2020.01.09 2019고정824
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a driver of Lone Star Co., Ltd.

1. On December 31, 2016, around 20:00, a person driving the said Lone Star car without a car driver’s license at approximately 80 meters from the front day of the D kindergarten located in Busan Metropolitan City, up to the front day of the D kindergarten located in E at the same time.

2. In the case of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury), the driver driven the above vehicle and proceeded with the F-ro crossing in front of the G apartment in the Gyeongsan City E from G apartment to H in the hump.

The driver of any motor vehicle has a duty of care to accurately operate the steering gear, brakes, and other devices, and to refrain from driving the motor vehicle at a speed or in a manner that may cause any danger and injury to others according to the traffic conditions of the road.

Nevertheless, the full-scale part of the city bus, which was driven by the victim I (Nam, 53 years old), who was driven by the victim I (Nam, 53 years old) from HW to the right side of the defendant's vehicle by negligence that did not well look at the front side of D kindergarten and left the left.

As a result, the above victim I suffered an injury to the tension that requires about 10 days' medical treatment due to negligence in the above business.

3. The owner of a motor vehicle in violation of the Guarantee of Automobile Accident Compensation Act operated the motor vehicle without mandatory insurance in the case of operating the motor vehicle, but at the time and place of the above paragraphs 1, 2 and 2, the said B Cost Engine.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. A medical certificate;

1. The driver's license ledger;

1. Application of investigation reports (Attachment of bus booms images), investigation reports (related to vehicles under investigation) Acts and subordinate statutes;

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 46(2) of the Guarantee of Automobile Accident Compensation Act.

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