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(영문) 부산지방법원 2018.05.30 2017고정2114

도로교통법위반등

Text

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

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

Reasons

Punishment of the crime

1. On April 29, 2017, the Defendant violated the Road Traffic Act: (a) driven B B Poter II cargo vehicles around 00:30 on April 29, 2017; and (b) went behind to park in front of the Busan Young-do apartment located in the Southern Port.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the Defendant neglected to do so and neglected this, caused the Victim C-owned Dabland Daba, which was parked behind the Defendant, to go beyond the bottom by shocking the back of the Defendant’s cargo vehicle, thereby damaging the Defendant’s Obaba with the repair cost of KRW 930,000.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated B Poter II cargo vehicles without purchasing a mandatory automobile insurance policy at the date and place specified in paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A traffic accident report;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Relevant Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 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. Articles 70 and 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;