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(영문) 부산지방법원 2014.04.10 2013고정5547

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driver's duty of 100 cc with no number.

1. Around 18:50 on June 27, 2013, the Defendant driven the above Orab, and directed the intersection where the signal apparatus was installed in front of the modernta day located in the Yaban-dong, Busan, Seog-gu, Busan, toward the direction of the Gum-dong from the surface of the private police station.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by driving safely according to traffic signals.

그럼에도 불구하고 이를 게을리 한 채 신호위반하여 운전한 과실로 이때 구평동 방면에서 홈플러스 방향으로 좌회전하는 피해자 C(55세)이 운전하는 D 매그너스 승용차의 앞부분을 피고인 운전의 오토바이 앞부분으로 충격하였고, 이 충격으로 위 오토바이의 파편물이 튕기면서 그 파편물이 신호대기 정차 중인 피해자 E(44세)이 운전한 F 그레이스터보 자동차의 우측면을 충격하였다.

Accordingly, the Defendant damaged the property by negligence in the course of business so that the repair cost of 680,00 won, such as 10,000 won of the damaged vehicle D, 298,586 won, and 978,586 won of the repair cost, such as the quota panel fee of F.

2. The Defendant, at the time and time under the above Paragraph 1, operated the above Oral Ba, without purchasing a mandatory motor vehicle insurance policy, approximately one kilometer from the front place of the accident to the front place of the Car metal located in Busan Seo-gu, Seog-gu, Busan.

Summary of Evidence

1. Each legal statement of witness E and C;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, investigation reports, and signal apparatus and roads;

1. Written estimate;

1. Application of Acts and subordinate statutes on traffic accident;

1. Relevant provisions of Article 151 of the Road Traffic Act (the point of causing damage to property), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (the point of operating non-insurance motor vehicles) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of penalty: