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(영문) 서울중앙지방법원 2016.08.11 2016고정2060
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 the business of holding and driving B 125CC.

1. 도로 교통법위반 피고인은 2015. 11. 3. 18:30 경 서울 중구 후 암로 남산 트라 팰리스 앞 도로에서 위 오토바이를 운전하여 동자 교차로 방면에서 후 암 삼거리 방향으로 진행하다가 진로를 변경하였다.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely changing the course of driving the motor vehicle in front, rear, and left and right of the road.

Nevertheless, the Defendant neglected this and caused the collision on the left side of the Doz-Motor Vehicle driving Da (38 S, n) with the front part of the Daz-Motor Vehicle driving in the same way as the victim C (38 S, n) due to the negligence of changing course from one lane to two lanes in violation of the way change method.

Ultimately, the Defendant destroyed the victim’s property that needs to receive approximately KRW 4,912,820 from the victim due to the above occupational division and office, thereby impairing its utility.

2. He/she shall not operate any motor vehicle on a road which has not been covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report;

1. A photograph of a vehicle related to a traffic accident or a photograph of a images recording device of a traffic accident;

1. Inquiry into mandatory insurance (B);

1. Written estimate (D);

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 151 of the Road Traffic Act (the point of damage to occupational and actual property), Article 46 (2) 2, Article 8 of the Guarantee of Automobile Compensation Act, and selection of fines for each offense;

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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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