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(영문) 대전지방법원 2013.09.27 2013고정1252
도로교통법위반등
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. On May 25, 2013, the Defendant violated the Road Traffic Act: (a) was a person who is engaged in driving of Bone Star-gun vehicles; and (b) was parked on the roads front of the Namsan-gun, Geumsan-gun, Geumsan-gun, Geumsan-gun, by driving the said vehicle around 18:30 on May 25, 2013.

Since there is a slope, in such a case, a person engaged in driving service has maintained the state of parking safely by thoroughly operating the brakes, but the defendant neglected to properly operate the brakes, and by negligence, failed to properly operate the brakes on the downway road, the above vehicle is pushed down down below the defendant's vehicle, and the lower part of the victim C, who was parked down on the lower side, has the front part of the right side of the DNA Poter truck.

Ultimately, the Defendant damaged the above vehicle by negligence in the course of business so that the repair cost equivalent to KRW 979,186, such as the exchange of front-handers.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, which was the owner of the said Lone Star Co., Ltd., but did not subscribe to mandatory insurance at the time and place specified in paragraph (1), operated the said Lone Star Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report and a traffic accident report;

1. Mandatory insurance associations and investigation reports (Binding, including details of compulsory insurance coverage);

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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