beta
(영문) 부산지방법원 2018.07.25 2018고정462

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a driver of a passenger car with B low-speed car.

On April 11, 2017, the Defendant driven the above car at around 22:10, and led to the printing of the D Mart, which is located in Busan Jung-gu C, to the permanent residence from the alley to the permanent residence.

At the time, since it is at night, there was a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right, and accurately manipulating the steering direction and the system.

Nevertheless, the Defendant neglected to do so, and instead, received the front part of the F&L car owned by the victim E (56 Does, South) that was parked by plucking and plucking the hand on the right-hand side of the vehicle, which is hard to know the number of which the Defendant was proceeding in this manner, as the front part of the F/L car operated by the Defendant.

Ultimately, the Defendant damaged the property that requires an amount equivalent to KRW 456,00 for the repair cost of the damaged passenger vehicle due to the above occupational negligence, thereby harming its utility.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the said car without mandatory insurance as a possessor of the said car at the time and at the place stipulated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A written statement of the occurrence of E traffic accidents;

1. Application of Acts and subordinate statutes to inquire into mandatory insurance, a survey report on actual condition, and a written estimate for investigation;

1. Relevant Article 151 of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2, Article 8 (Operation of Vehicles which are not Mandatory Insurance) of the Guarantee of Automobile Damage Compensation Act, and selection of fines;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.