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(영문) 춘천지방법원 2018.02.14 2017고정473

도로교통법위반

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a observer car B.

On March 16, 2017, the Defendant, at around 09:45 on March 16, 2017, was in the front line after stopping to park at the D Hospital parking lot located in Hongcheon-gun, Hongcheon-gun.

In such cases, as a driver, he/she shall accurately operate the steering system, brakes and other devices of his/her vehicle, shall not drive his/her vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of his/her vehicle, and has a duty of care to prevent accidents by driving his/her vehicle with due care.

Nevertheless, the Defendant, who was parked in front of the victim E (hereinafter referred to as 40 years old, South) who was negligent in neglecting this, received the part of the victim E (hereinafter referred to as 40 years old, South)’s F lusa car from the front part of the Defendant’s vehicle, and led the above lusa car to be pushed down by following the lusa car. The lower part of the lusa car was flused.

Ultimately, due to the above occupational negligence, the Defendant damaged the victim’s property equivalent to KRW 1,316,720 in the estimation of repair, such as exchange of loan pans, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site photographs, chassis (F), investigation report (written estimates and vehicle photographs attached to damaged vehicles), (Article 539,154 of parts, work expenses (including components 21,000 won), and each estimate prepared with respect to the repair expenses of damaged vehicles, in particular, KRW 77,566 of parts);

1. Relevant Article 151 of the Road Traffic Act and the selection of fines concerning facts constituting an offense, as well as Article 151 of the same Act;

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;