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(영문) 인천지방법원 부천지원 2014.09.24 2014고정1065
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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 driving a vehicle B as a service.

Around 17:40 on June 2, 2014, the Defendant driven the front road of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si, and led to the direction of the original two-dong community service center from the side of the Daesung Hospital.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, and to prevent accidents.

Nevertheless, the Egress of the victim D's driver's car, which was proceeding in the opposite place due to the negligence of neglecting this, led to a conflict between the defendant's vehicle's driver's seat and the part behind the car's driver's seat.

Ultimately, due to such occupational negligence, the injured party damaged the property amounting to KRW 347,768 of the cost of repairing the injured party’s vehicle that requires repairs, such as cutting away from the driver.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the Defendant driven a motor vehicle B which is not covered by mandatory insurance at the same time and at the same place as that of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Photographs of damaged vehicles;

1. Written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning criminal facts, Article 151 of the Road Traffic Act (the point of causing damage to property by occupational negligence), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;

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