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(영문) 의정부지방법원 2019.03.28 2018고정1630
도로교통법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On November 18, 2017, around 12:15, the Defendant: (a) driven the said cargo vehicle on a three-lane road in front of the C-do, and stopped one lane in order to turn to the left from the “Central Intersection” side; (b) there are many vehicles passing through, and (c) left turn to the left, the left turn and left turn to the “intersection.”

A person engaged in driving service of motor vehicles has a duty of care to turn on direction direction when it is likely to impede the passage of other motor vehicles, and to not change course when he/she is feared to impede the passage of other motor vehicles, and to prevent accidents in advance by accurately operating steering gear and brakes.

Nevertheless, when the Defendant neglected this and changed the course to the right-hand side by the negligence of returning hand to the right-hand side and changing the course to the three-lanes, the Defendant received the left-hand part of the E Launa car driven by the victim D, which was driven by the victim D, and received the even part as the front-hand part of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant damaged the back door, even, and penter, etc. of the car driven by the victim due to the above occupational negligence, to the repair cost of KRW 1,256,970.

2. The Defendant is a holder of B Poter Cargo.

No one shall operate any motor vehicle on a road, which is not mandatory insurance.

Nevertheless, the defendant operated the above automobile without mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning the actual condition of traffic accidents, on-site photographs, chassis, mandatory insurance, and estimates;

1. Vehicles which are not covered by the mandatory insurance in Article 151 of the Act applicable to facts constituting an offense, 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;

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