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(영문) 수원지방법원 안산지원 2017.07.07 2017고정581

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a driver of a cargo vehicle of one ton of B.

1. On December 8, 2015, the Defendant violated the Road Traffic Act: (a) driven the above vehicle at around 10:15, while driving the vehicle at around 10:15; (b) driven the two-lanes of the D in front of the D, located in Mag-si C from the Yang-dong to the Sig-si Hag-dong.

A driver of any motor vehicle has a duty of care to maintain a safety distance necessary to avoid any collision with the motor vehicle running in the same direction when following the motor vehicle traveling in the same direction.

Nevertheless, the Defendant neglected this and neglected to proceed while driving, and caused the Defendant to damage the back portion of the F&M5 vehicle of the victim EM5 vehicle stopping in the front direction of the course due to the negligence that the Defendant received as the front part of the above cargo vehicle, thereby damaging the repair cost of KRW 2,290,621.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the Defendant operated one ton cargo vehicle of B, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports (1), (2) on traffic accidents;

1. tea inquiry and mandatory insurance inquiry (Evidence Nos. 12, 13)

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act (the occupation of damage to property on duty and on duty), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (the occupation of operating a motor vehicle which has not mandatory insurance) and the selection of fines for each offense;

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;