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(영문) 서울동부지방법원 2013.07.26 2013고정673

자동차손해배상보장법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is engaged in driving a car by obtaining a franchise, and the driver is not covered by the mandatory insurance for motor vehicles.

On December 26, 2012, the Defendant driven the above vehicle around 10:30 on December 26, 2012, and continued to turn to the left at a place where there is no parking lot for the 196-4 Dae-dong, Songpa-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to report the traffic situation on the front-round road well and to prevent the accident in advance

Nevertheless, the defendant neglected to do so and neglected to return to the front home.

The damaged vehicle D, which was parked on the left-hand side of the driving direction, conflicts with the upper-hand part of the Defendant's driving vehicle after the upper-hand side of the vehicle volume.

Accordingly, the defendant, without purchasing a mandatory motor vehicle insurance, caused the traffic accident by driving the above motor vehicle.

2. The Defendant caused damage equivalent to KRW 1,687,00 to the above damaged vehicle due to the same accident as in the preceding paragraph, thereby impairing its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report;

1. Statement of the occurrence of E traffic accident;

1. Mandatory motor vehicle insurance policy;

1. Application of the Acts and subordinate statutes to vehicle photographs and estimates;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation, the main sentence of Article 8 of the same Act, Article 151 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Criminal Procedure Act;