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(영문) 춘천지방법원 강릉지원 2017.11.30 2017고단559

도로교통법위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CH100 MH.

1. On March 5, 2017, the Defendant violated the Road Traffic Act: (a) driven the sular distance from the edge of the offline of the East Sea at a speed of about 30 km per hour by driving the sular distance from the parallel of the East Sea at a speed of about 0 km.

Since there is a signal, there was a duty of care for the person engaged in driving service to drive safely in accordance with good faith.

Nevertheless, the Defendant neglected this and did not stop red signals and entered the shooting distance by straighting in contravention of signals, and caused the damage to the extent that the part of the left side of the injured party B (R-S car) driving on the right side of the victim B (34) who is proceeding to the spoke in accordance with the straight line from the right side of the proceeding direction was damaged to the extent that the repair cost of the damaged vehicle was 10,736,30 won.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not mandatory insurance;

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

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Inquiry into information on non- mandatory insurance policy;

1. Written estimate;

1. To report on investigation, and to apply Acts and subordinate statutes related to traffic accidents;

1. Relevant legal provisions and the main text of Article 151 of the Road Traffic Act (the occupation of damage to work and actual materials, the choice of imprisonment without prison labor) regarding criminal facts (Article 148 and Article 54(1) of the Road Traffic Act), which are written in the column of the Act on the Application of Indictment, are clearly written in writing in light of the facts charged, etc.), Article 46(2)2 of the Guarantee of Automobile Compensation Act and the main text of Article 8 of the Guarantee of Automobile Compensation Act (the operation of vehicles which are not mandatory insurance, and imprisonment with prison labor).