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(영문) 창원지방법원 2021.01.13 2020고정519

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B Kazon vehicle.

1. On May 11, 2020, the Defendant changed the course from the two-lane to the one-lane course from the bank room to the middle distance. On May 11, 2020, the Defendant, at around 14:30, went on the two-lane road side in front of the Jindo Fire Station in Jin-gu, Jindong-si, Jin-si, Jin-si, Kim Young-si.

In such cases, there was a duty of care to confirm whether there was a vehicle driving in the direction to turn on direction direction, etc., and to change the course safely.

Nevertheless, the Defendant neglected this and instead changed the course from a two-lane to a one-lane, and received the right side of the victim D's EG80 car in front of the two-lane from the defendant's left side.

Therefore, the victim suffered physical damage equivalent to 13,091,870 won in the estimated repair of the vehicle.

2. The Defendant operated the said vehicle on the road, which was not covered by the temporary mandatory insurance under paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, and application of Acts and subordinate statutes of each mandatory insurance, and estimates;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively, for the crime;

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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;