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(영문) 제주지방법원 2015.04.10 2015고정98
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On November 13, 2013, the Defendant violated the Road Traffic Act: (a) around 13:00, the Defendant was driving a C vehicle owned by the Defendant, driving a 4-ro window in the Changbuk-dong, Seobuk-do at Jeju.

At that time, since the vehicle is an intersection and the vehicle is parked, the driver of the vehicle behind the vehicle has a duty of care to check whether there are other vehicles in the vicinity and to safely operate the vehicle by checking well the front, left, and rear sides of the vehicle.

Nevertheless, due to the negligence of running a vehicle which was left behind due to the negligence of neglecting this, the part before the driver's seat of the E-vehicle owned by the victim D was shocked by the part after the driver's seat of the defendant.

As a result, the Defendant damaged the part of the driver’s seat of the damaged vehicle by occupational negligence, which is equivalent to KRW 667,905.

2. A motor vehicle owner who violated the Guarantee of Automobile Accident Compensation Act has driven a C motor vehicle owned by the defendant at the time and place under paragraph (1) while the defendant subscribed to liability insurance, despite the fact that the motor vehicle owner is dead or injured by another person, or the property of another person is destroyed or damaged due to the operation of the motor vehicle, despite the subscription to liability insurance, liability insurance,

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to traffic accidents prepared D;

1. A traffic accident report;

1. Mandatory insurance policies;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act (the point of causing damage to property by negligence), Article 46 (2) 2 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) and the main sentence of Article 8 (the point of operating vehicles not covered by mandatory insurance) and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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