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(영문) 의정부지방법원 2014.02.13 2013고정2441
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

Criminal facts

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a B body-wide car owned by the Defendant.

On December 16, 2012, at around 03:10, the Defendant proceeded at an influench speed, toward the academic side of the Gangwon Iron-gun Kim Jong-do, Gangwon-do, which is located in the same Ri, on the national highway of 47, which is located in the same Ri.

At the time of the two-lanes of the letter packed in the asphalt, the snow was very slick in the night and the snow fallen.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at such a speed or in such a manner as to cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the Defendant neglected this and proceeds as it is.

Dogal Dogros, which was parked in the opposite side of the road, due to negligence beyond the opposite one, was received as the front part of the Dogal Dogros, owned by C, which was parked in the opposite side of the road.

Ultimately, the Defendant damaged the above vehicle of C driving by occupational negligence, which is equivalent to KRW 952,332, the repairing cost.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a B-man car without mandatory insurance at the time and place of the occurrence of the same accident as described in the preceding paragraph;

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Investigation report - Results of ascertaining whether to purchase an insurance policy, mandatory insurance policies;

1. Written estimate;

1. Application of Acts and subordinate statutes on site map and on-site photographs;

1. Article 151 of the Road Traffic Act (the point of causing damage to property by negligence), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, which applies to the relevant criminal facts, the choice of punishment, and the choice of punishment; and

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