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(영문) 의정부지방법원 2013.06.24 2013고정355

도로교통법위반등

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. The Defendant is engaged in the duty of driving B truck, which violates the Road Traffic Act.

On February 27, 2012, the Defendant driven the above vehicle around 19:00 on February 27, 2012, and driven the two-lane road in front of the Bobacheon-si living in the same Donggcheon-si, toward the direction of the Bolla in the same way, and proceeded at a speed that would not be known by the two-lanes.

At all times, there was a vehicle parked at the edge of the road.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by taking into account the traffic conditions of the front left left.

Nevertheless, the defendant neglected this and led the driver's driver's seat on the side of the moving direction of the victim C, which was parked on the right side of the moving direction by negligence, and led the driver to the front driver's seat of the driver's vehicle above the defendant.

The Defendant damaged the amount of the passenger car that the Defendant had been using the foregoing occupational negligence to be equivalent to KRW 2,69,147 of the repairing cost.

2. A violation of the Road Traffic Act (unclaimed measures) brought about a traffic danger and obstacle due to the same criminal facts as described in the preceding paragraph, and immediately stops and runs away from the site without taking accident measures.

3. Although the Defendant is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the Poter truck which is not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C victim statement;

1. A survey report on actual conditions and a report on occurrence;

1. Mandatory insurance policies;

1. Request for an estimate of repair cost;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 151 of the Road Traffic Act (the point of causing damage to property by negligence), Articles 148 and 54(1) of the Road Traffic Act (the point of taking measures after accidents), the former Guarantee of Automobile Accident Compensation Act. < Amended by Act No. 11344, Feb. 22, 2012>