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(영문) 수원지방법원 2018.04.20 2018고정328
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On November 30, 2017, the Defendant violated the Road Traffic Act: (a) was a person engaged in driving 125 cc-picker with no number plate; and (b) was parked in a state where he was placed in the parking lot of 121 Eastern Village 3, a new dong-ro 14:30 on November 30, 2017.

In such cases, the driver neglected the duty of care to prevent accidents by accurately operating the steering wheel and brakes to prevent accidents in advance, and due to the negligence of driving the driver, which led to the following parts of the victim B (Y, 41 years old) who was parked in the back, and shocked the side side of the right side of the Catland Kapool which was owned by the victim B (Y, 41 years old).

As a result, the Defendant damaged the damaged vehicle’s property that requires approximately KRW 1,778,962, which is due to the above occupational negligence.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages: (a) was a person holding a stopane with no number plate; and (b) was prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road; (c) the Defendant operated the stopane without mandatory insurance at the date and time and place indicated in the 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the accused;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes of the scene of an accident, a written estimate for inspection of motor vehicles, and maintenance (C, Grandland);

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Damage Compensation Act, and the selection of fines, respectively, for the crime;

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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