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(영문) 대전지방법원 2017.06.16 2017고정506

도로교통법위반등

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in the driver’s service of C Poter freight vehicles.

On January 2, 2017, the Defendant driven the above cargo vehicle around 09:20, and was parked in the parking lot of the Daejeon Daejeon Daejeon District Court.

The location had a duty of care to prevent accidents in advance by accurately operating steering devices and brakes with the front, rear, and left and right of the person engaged in driving service as a parking lot in which many vehicles are parked.

Nevertheless, the Defendant neglected to do so and was parked on the left side of the Defendant’s vehicle due to negligence, and received the part of the Defendant’s left side after the Defendant’s trucking the Epoter motor vehicle owned by the Victim D.

Ultimately, the Defendant destroyed the repair cost of KRW 996,147, such as the exchange of a motor vehicle after the foregoing occupational negligence.

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

Nevertheless, on January 2, 2017, around 09:00, the Defendant operated the above C Poter, which was owned by the Defendant, who was not covered by mandatory insurance from the 49-Do Do Do Do 357, Seo-gu, Seo-gu, Daejeon District Court of Daejeon, Seo-gu, Daejeon to the same Gu Do Do 497.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The actual investigation report on traffic accidents;

1. Inquiry into mandatory insurance;

1. Application of the written estimate statutes;

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 Compensation Act, and selection of fines, respectively, for the operation of automobiles which have not mandatory insurance);

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;