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(영문) 수원지방법원 안산지원 2014.06.10 2014고정563

도로교통법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a CEFM car.

On January 4, 2013, the Defendant driven the said vehicle without a driver's license at around 23:47, and continued the Emburging road D in front of the Emburging city at the time of interesting.

At the time of night, it was difficult to view the front door at night, and there was another vehicle at the edge of a road due to a narrow road of one lane, so in such a case, the person engaged in driving service has a duty of care to prevent the accident by driving the front door in a safe way.

Nevertheless, the Defendant neglected to do so and proceeded at the edge of the above road by negligence and received the back portion of the Glearning car owned by the victim F, which was parked at the edge of the above road.

The Defendant, by negligence, destroyed the above occupational negligence in a amount equivalent to KRW 448,00,00 for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on the occurrence of H’s traffic accident;

1. The driver's license ledger;

1. Reports on traffic accidents, investigation reports, accident sites, and vehicle photographs;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 151 of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

1. Selection of each alternative fine for punishment;

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