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(영문) 인천지방법원 2016.01.28 2014고단5545

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court on July 23, 2015 and the said judgment became final and conclusive on July 31, 2015.

[Criminal facts]

1. The Defendant in violation of the Road Traffic Act is a person engaging in driving a C-T beauty test.

On December 11, 2013, at around 19:45, the Defendant proceeded at a speed of about 10 km from the off-distance off off to the off-fung-gu Incheon Bupyeong-gu, Incheon, at a speed of about 10 km for the Si-speed.

At this point, the defendant is the wheel-type intersection, and the defendant was trying to enter the above intersection, so the person engaged in the driver's duty of care to enter the intersection thoroughly and operate the motor vehicle with the duty of care to ensure the stable operation of the driver's duty.

Nevertheless, the defendant neglected to do so and proceeds at the intersection with a part above the left-hand part of the car driving by the defendant due to the negligence of entering the intersection.

D(46) The part of the rear wheels of the EYF Haststa car owned by the injured party mert EYF Hasta was received.

Ultimately, the Defendant was driving D by occupational negligence as above.

YF Launa car was destroyed by 2,169,716 won in repairing cost.

2. On December 11, 2013, the Defendant of the Guarantee of Automobile Compensation for Automobile: (a) operated the foregoing interview loan without mandatory insurance on the road set up in the Bupyeong-gu Incheon Bupyeong-gu market as the Bupyeong-gu market; (b) around December 11, 2013, the Defendant operated the foregoing interview loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Investigation report (other than a case by telephone, etc.);

1. Application of the written estimate statutes;

1. Relevant Article 151 of the Road Traffic Act (the point of damage caused by occupational and actual property) concerning facts constituting an offense; Article 46 (2) 2 of the former Guarantee of Automobile Compensation (amended by Act No. 12987, Jan. 6, 2015) and the main sentence of Article 8 (the point of operating vehicles which are not mandatory insurance)

1. Selection of each alternative fine for punishment;