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(영문) 춘천지방법원 강릉지원 2013.08.13 2013고정169

도로교통법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

around 08:30 on October 13, 2012, the Defendant driven the car volume of cle-lighted car owned by his wife B, which led to running on the road front of the Seongdong-si Gyeong River Center located in the Gangseo-si Gyeongnam-si.

In operating as above, the Defendant: (a) Tracked the front part of the E Track freight vehicle owned by the victim D (year 56) who was parked on the right side of the road due to an occupational negligence, without looking at the front line; and (b) Tracked the front part of the Track vehicle.

Therefore, approximately KRW 2,629,543 of the cost of repairing damaged vehicles was damaged.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles of the Act and Article 151 of the Road Traffic Act concerning facts constituting a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Of the facts charged in the instant case, the gist of causing property damage by occupational negligence to the roadside trees among the dismissal of prosecution under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) the Defendant damaged the property of KRW 424,00 of the cost of repairing the street trees by having the Defendant, at around 08:30 on October 13, 2012, drive the amount of clelight car and drive the road in front of the e-vehicle center located on the e-owned e-owned road from the e-owned e-owned e-mail to the inside of the e-owned e-owned road from the e-owned e-owned road to the front part of the Defendant’s vehicle.

This is a crime falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim's express will under Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the evidence Nos. 1 and investigation report (the confirmation report on whether the repair cost is paid and the intention of punishment is confirmed), the side of the victim Gangnam market is roadside trees on the side of the defendant.