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(영문) 수원지방법원 2015.10.15 2015고정1006

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On August 19, 2014, the Defendant violated the Road Traffic Act was a person engaged in driving a vehicle B, who driven the above vehicle at around 21:15 on August 19, 2014, and led the driver to turn to the left from the intersection of the 1038 sick station to the water level.

In such a case, despite the duty of care to safely drive the front side and the right and the right and the left side, the Defendant neglected it and proceeded to turn to the left at the crosswalk as it is, and due to the negligence of the Defendant’s failure to do so, led to the front part of the Defendant’s driving vehicle.

The Defendant damaged the damaged vehicle by occupational negligence to cover approximately KRW 1.3 million of the repairing cost.

2. Although the Defendant was prohibited from operating a vehicle on a road which was not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the said vehicle on the date and time specified in paragraph (1).

Summary of Evidence

1. An interrogation protocol of the police against the accused;

1. CWritten statement on the occurrence of a traffic accident;

1. Reports on the occurrence of traffic accidents, actual survey reports, and mandatory insurance policies;

1. Application of the written estimate for damaged vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, the selection of a sentence, and the main sentence of Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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