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(영문) 서울서부지방법원 2016.07.21 2016고정729
도로교통법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of Orala at 125:00,000,000.

1. On March 1, 2016, the Defendant violated the Road Traffic Act: (a) driven the upper stob above the upper stove on March 1, 2016; and (b) driven the front road B of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, at the speed of the Si-high speed along the two-lanes between the southwest and the southwest.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the steering gear and brake system, such as taking the front side and left side well, and accurately operating the steering gear and brake system.

Nevertheless, when the defendant neglected this and failed to accurately operate the steering gear and brakes, the defendant was parked on the left side of the victim C driver's car who was parked in the way from the bend of the bend, and the defendant received the front part of the Oralba.

After all, the Defendant damaged the damaged vehicle with the above occupational negligence in order to have the repair cost of KRW 4,819,210.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the date, time, and place of the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. An accident scene photograph;

1. Application of Acts and subordinate statutes concerning the specifications of automobile inspection and maintenance;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively, for the sake of selecting a person who has not mandatory insurance;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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