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(영문) 부산지방법원 동부지원 2020.06.25 2020고단278

도로교통법위반등

Text

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

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

Reasons

Punishment of the crime

On September 18, 2019, the Defendant operated EMW car without mandatory insurance at approximately 25 km distance from the front of the Busan Dong-gu, Busan, to the front of the above residence, via D-2 underground parking lot in Busan, which is its own residential area, around 15:35, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), 2 (2);

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act and the selection of fines;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On September 18, 2019, the Defendant: (a) driven a BMW car around 15:35 on September 18, 2019; and (b) led the Defendant to the right bypass from the D underground second floor parking lot located in the Southern-gu Busan metropolitan area.

Since it is an underground parking lot, there was a duty of care to prevent accidents by safely operating the steering system of the vehicle by accurately manipulating the steering system of the vehicle and the steering system of the vehicle.

Nevertheless, the Defendant neglected to do so and received the part above the left-hand part of the Genz's car owned by the Victim F (F, South, 57 years old), which was parked adjacent to the right-hand side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant damaged the property that is equivalent to KRW 1,437,300 of the repair cost, such as the exchange of the front driver of the damaged vehicle due to such occupational negligence.

2. This part of the facts charged is an offense falling under Article 151 of the Road Traffic Act, and cannot be prosecuted against the victim’s will against the victim’s will pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents