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(영문) 부산지방법원 2018.06.26 2018고정478

도로교통법위반등

Text

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

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

Reasons

Punishment of the crime

1. On March 17, 2017, the Defendant violated the Road Traffic Act: (a) driven a shower car around 14:00 on March 17, 2017; and (b) led the front of the road in Geum-gu, Busan, to the unbridged from the beginning of the Cheongnam-gu, Busan.

In such cases, a person engaged in driving service has a duty of care to safely drive by checking the direction of driving and the left and right.

Nevertheless, the Defendant neglected to do so and received the front part of the vehicle in front of the Defendant’s vehicle, which was parked by the Victim F. G, with the lower side of the vehicle parked by the Victim F.

After all, the Defendant damaged the above low-priced vehicles by occupational negligence in order to cover the repair cost of approximately KRW 1,745,89.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as a holder of Shama Sha car, operated the said car without mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to each investigation report (attached a written estimate concerning the details, etc. of receipt of an accident);

1. Relevant Article of the Act concerning the facts constituting an offense, Article 151 of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the selection of fines for each type of crime;

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. Article 70(1) and Article 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;