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(영문) 서울동부지방법원 2017.11.28 2017고정1441
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

1. Around 10:00 on February 28, 2016, the Defendant violated the Road Traffic Act followed the front road of Seongdong-gu Seoul Metropolitan Government from the mid-gu Incheon Metropolitan Government to the Agsan-ro.

At this point, there is a duty of care to safely drive a vehicle so that it does not interfere with the passage of other vehicles by checking the right and the right and the right and the right of the vehicle's driver.

Nevertheless, the Defendant neglected this and caused the damage to the victim's vehicle due to negligence, and caused the damage to the victim's vehicle at the back of the back of the freight truck of the Defendant to face the penter by the victim's gate on the back of the back of the freight truck of the Defendant. Accordingly, the Defendant damaged the victim's vehicle at KRW 250,000.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated B wing and freight cars without mandatory insurance at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (as regards the place of accident):

1. (1) (2), four copies of traffic accident photographs, and application of Acts and subordinate statutes to inquire about information not covered by mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation by Selection of Punishment, the main sentence of Article 8 (Operation of Mandatory Insurance) and Article 151 of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It appears at the trial of this case, such as the fact that the defendant, with the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, has the power to be subject to criminal punishment for the same crime, and that the damage has not been recovered.

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