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(영문) 인천지방법원 2013.08.28 2013고단2953
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person driving B Potter.

On February 27, 2013, the Defendant driven the above vehicle at around 13:30 on February 27, 2013, and moved the upper road to the cu convenience point in the direction of the Democratic Nowon-gu Incheon Metropolitan Regional Headquarters, Bupyeong-gu, Incheon.

At this point, there was a vehicle moving right behind the above cargo vehicle due to the frequent passage of the vehicle, so in such a case, the person engaged in the vehicle driving duty has a duty of care to safely check the front and rear left, as well as the duty of care to safely check the front and rear left.

Nevertheless, the Defendant neglected to do so and was driven by the victim C(25 years old) who was bypassing the above cargo vehicle due to the negligence of the Defendant, which was driven by the victim C(25 years old). The Defendant was able to load the front part of the car with the vehicle that was driven by the victim C(25 years old).

Ultimately, the Defendant damaged the property that requires repair equivalent to approximately KRW 2,644,616, such as the exchange of the front offender to the victim due to such occupational negligence.

2. Around February 13:25, 2013, the Defendant driven B Poter Cargo Vehicles without a car driver’s license from the front Do of the Incheon Bupyeong-gu Incheon Metropolitan City Comprehensive Workers’ Welfare Center, Bupyeong-gu, Incheon Metropolitan City to the places indicated in paragraph (1) 1.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act on the date stated in the foregoing 2. On the date stated in the foregoing 2., the Defendant operated the B Poter freight vehicle not covered by the automobile insurance at approximately 10 meters section from the front of the Incheon Bupyeong-gu Incheon Bupyeong-dong General Welfare Center workers’ welfare center to the place indicated in the foregoing 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Relevant legal provisions concerning criminal facts, the choice of punishment, Article 151 of the Road Traffic Act (the point of causing negligence in the line of duty, the selection of imprisonment without prison labor), and Article 152 of the Road Traffic Act.

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