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(영문) 제주지방법원 2013.07.12 2013고정219
정보통신망이용촉진및정보보호등에관한법률위반등
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

Punishment of the crime

1. The Defendant violated the Road Traffic Act at around 17:41 on January 16, 2012, while driving C 110C 110C otoba and driving it on the right side of the Defendant, the Defendant destroyed the said car by neglecting his duty of care to confirm whether the Defendant is a vehicle seeking to enter the intersection by temporarily reducing or temporarily stopping the speed, and by neglecting his duty of care to safely drive the said distance from the right side of the Defendant’s proceeding, so that the part of the lower part of the left side of the victim D Do driving, which passed the said shooting distance, can reach the repair cost of KRW 434,089 on the left side of the Defendant’s Otobaba in front of the lower part of the Defendant’s Otoba.

2. A motor vehicle owner violating the Guarantee of Automobile Accident Compensation Act operated a motor bicycle C 110cc motor vehicle that did not purchase a mandatory insurance policy at the time and place specified in paragraph (1), despite the fact that the motor vehicle owner has destroyed or damaged another person’s property due to the operation of the motor vehicle, he/she has subscribed to a liability insurance policy or liability mutual aid.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of mandatory insurance policies (C), actual condition survey reports on traffic accidents, and written estimates and other Acts and subordinate statutes;

1. Relevant legal provisions and choice of punishment concerning facts constituting an offense: Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and Article 151 of the Road Traffic Act; Selection of fines for operation, such as vehicles not covered by mandatory insurance;

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

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional Payment Order: The sentencing of Article 334(1) of the Criminal Procedure Act is determined as ordered by considering all the following circumstances. favorable circumstances are acknowledged: The degree of violation of the duty of care is not excessive.

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