(영문) 인천지방법원 2016.09.23 2016고정1698



A defendant shall be punished by a fine of 500,000 won.

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


Punishment of the crime

1. On March 27, 2016, the Defendant violated the Road Traffic Act: (a) driven a car with C investment vehicle of C investment on March 13:28, 2016; (b) led the Defendant to drive a two-lane between the two-lanes from the original mountain tunnel, Seo-gu, Incheon, Seo-gu, along the high-priced private road of 1 South and North tin.

Since there is a high level in which change of course is prohibited, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the defendant neglected this and caused the victim E (41 ) who drives a DK5 vehicle in the same direction as the left-hand side by the negligence of changing the lane into the left-hand side, to avoid the collision with the vehicle driven by the defendant, and had the victim E (41 ) set up in the left-hand side of the above K5 vehicle, which was set up in the center of the road, to avoid the collision with the vehicle driven by the defendant.

Accordingly, the Defendant damaged the above K5 car by occupational negligence to cover the repairing cost of approximately KRW 6.80,000.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident occurrence report;

1. Written estimate;

1. Inquiry into mandatory insurance (in case of 16 pages of investigation records);

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Selection of each fine under Article 151 of the Road Traffic Act, Article 46 (2) 2, Article 8 of the Guarantee of Automobile Damage Compensation Act, and Article 151 of the same Act 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;