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(영문) 창원지방법원 통영지원 2019.01.18 2018고정404

도로교통법위반등

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a BM5 vehicle.

At around 21:50 on August 16, 2017, the Defendant driven the said car, which led to the direction of a large-scale parking lot in front of the D cafeteria at the macro-city C, in the direction of the large-scale parking lot in the front of the D cafeteria.

At the time, there was a vehicle parked in the front side of the road at night, so in such a case, there was a duty of care to prevent the accident by driving safely, such as accurately manipulating the steering system of the vehicle, brake system, etc. in the person engaged in the driver's duty of care.

Nevertheless, the Defendant neglected this and did not discover and proceed with the F&L car owned by the victim E, which was parked on the side, and received the part front of the left side of the Defendant’s vehicle in front of the right side. The Defendant continued to receive the part of the victim’s G, which was parked in the front parking lot of the said D/L, with the front part of the Defendant’s vehicle.

Ultimately, the Defendant destroyed the victim E with the above occupational negligence in excess of KRW 1,221,276 of the repair cost, and damaged the victim G with the above repair cost of KRW 3,234,724.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of a vehicle BM5 vehicle, driving the said vehicle without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the Act and subordinate statutes on the actual condition survey, report on the occurrence of a traffic accident, information inquiry into mandatory insurance already subscribed, report on internal affairs, F estimates, and H estimates;

1. The point of causing damage and damage to property by relevant legal provisions on criminal facts: the point of failing to subscribe to mandatory insurance Article 151 of the Road Traffic Act; and