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(영문) 부산지방법원 2017.06.14 2017고정775
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

The defendant is a real owner who is engaged in driving a Bran vehicle.

1. On September 14, 2016, the Defendant violated the Road Traffic Act, driving a vehicle above around 19:25, to park the vehicle on the front side of the house located in Busan Jin-gu C.

In such a case, the driver has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle and to safely check the traffic situation of the road and the structure and performance of the vehicle and prevent the accident by driving the vehicle in advance.

Nevertheless, when the Defendant neglected to operate the vehicle due to negligence, the Defendant was parked behind the vehicle behind the Defendant’s driver’s vehicle located behind the Defendant’s vehicle (hereinafter “victim”) and received the part behind the Defendant’s driver’s vehicle, which was left behind the E-car owned by the victim D(S).

Ultimately, the Defendant damaged the property amounting to KRW 604,890, such as repair cost, such as painting of damaged vehicles by occupational negligence as above.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the defendant operated the car on the road, which was not covered by mandatory insurance, such as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes to inquiries about mandatory insurance and estimates;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 151 of the Road Traffic Act (hereafter referred to as "damage to duties and actual property"), Article 46 (2) 2, the main sentence of Article 8, and the selection of fines, respectively, for the compensation of motor vehicles;

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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