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(영문) 광주지방법원 2013.04.09 2013고정176
도로교통법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person driving a rocketing car.

On November 2, 2012, at around 15:55 on November 2, 2012, the Defendant driving the said car without a driver’s license, and driving the said car at a speed of influence at a speed of time due to the elevation of the south-gu Seoul Metropolitan Area, where the two-lanes of the three-lanes in front of the flow distance in the Southern-gu, Nam-gu, Gwangju Metropolitan City.

The tea has changed to one lane.

Since a vehicle line has been installed and the passage of vehicles is frequent, a person engaged in driving service has a duty of care to safely drive the vehicle, such as manipulating direction direction, etc., by living well on the front line.

Nevertheless, the facts charged in the negligence of neglecting this and changing the course is called "the negligence of changing the course rapidly," but there is no evidence to acknowledge it.

On the other hand, the part before the right side of the EM5 car of the victim D(37 years old) driving with one lane on the same side as the end of the car was destroyed by the damage of the property requiring 54,910 won for the repair cost, such as the exchange of the above SM5 car sofet pans.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement on the occurrence of a D traffic accident;

1. The actual condition survey report;

1. Traffic accident photographs;

1. Copy of an international driver's license;

1. Application of the Acts and subordinate statutes of the tea association and mandatory insurance association;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, 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 selection 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 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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