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(영문) 인천지방법원 2013.11.29 2013고정2256
도로교통법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a passenger car by obtaining a franchise.

On August 3, 2012, the Defendant driven the said car on August 3, 2012, 03:45, and led the Defendant to drive the said car at an indefinite speed from the front side of the building in front of the Nusch Rexroth Loan, which is located in 1001, Nam-gu, Incheon Metropolitan City.

A person engaged in driving service has a duty of care to safely take account of the speed reduction and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so, and was parked later than the Defendant’s driver’s vehicle due to negligence, the lower part of the part on the right side of the observer car owned by the victim C was shocked with the back part of the Defendant’s driver’s vehicle.

The Defendant damaged the part of the left side of the observer car by occupational negligence as above 799,800 won of the repairing cost.

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

Nevertheless, the defendant operated a car without mandatory insurance at the same time and place.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. The application of Acts and subordinate statutes to photographs of damaged vehicles, traffic accident reports, site photographs, mandatory insurance inquiries, investigation reports (investigation, etc. of shots), and photographs of victimized vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, the choice of punishment, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance, the selection of fines);

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

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

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

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