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(영문) 광주지방법원 장흥지원 2015.04.16 2015고정1

도로교통법위반등

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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant violating the Road Traffic Act is a person engaged in driving a Cunstst-Pacific cargo vehicle.

On October 4, 2014, around 13:50 on October 4, 2014, the Defendant: (a) sent the said cargo at the Domba, a parking lot located in the Doma-gun, Gangnam-gun; and (b) entered the road

In this case, the driver of the vehicle has a duty of care to prevent the accident, such as making a good look at whether there is a vehicle driving on the road before entering the road, and accurately manipulating the steering direction and brake system, etc.

Nevertheless, the Defendant neglected this and neglected to enter the above road, and led the victim D to normally drive the above road due to the negligence of entering the above road, the lower part on the right side of the E-Sae Sports Vehicle, which the victim D drives, was shocked with the front part of the E-Systet-Pacific Cargo Vehicle.

After all, the Defendant damaged the above-mentioned liquid sports car by occupational negligence, which is equivalent to approximately KRW 2,424,037 of the repairing cost.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a motor vehicle for the Category 3 business.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the freight truck that was not covered by mandatory insurance at the same time and at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Written estimates and mandatory insurance policies;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act (the point of destroying and damaging Articles by Negligence, Selection of Fines) and Articles 46(2)2 and 8 (the point of operating mandatory insurance and the choice of fines) of the Guarantee of Automobile Accident Compensation Act;

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 of the Criminal Procedure Act provides for an order of provisional payment.