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(영문) 청주지방법원 충주지원 2013.11.22 2013고단611
도로교통법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a Crens car.

On August 8, 2013, the Defendant driven the above vehicle at around 15:30 on August 15, 2013, and proceeded with two lanes prior to the entrance of the national highway 3rd national road living zone, which is located in the Dayang-ri, Chungcheongnam-ri, Chungcheongnam-do, along one-lane, at the speed of about 40km from the Chungcheong bank to the front bank.

In this case, as a person engaged in driving of a motor vehicle, there was a duty of care to properly see the front left and to prevent accidents by accurately manipulating the steering gear.

Nevertheless, due to the negligence that the Defendant neglected his duty of care and neglected to do so, the Defendant was found to have a shock absorption unit under the control of the management office of the victims of the Chungcheong State Land that is installed on the opposite side of the road.

Ultimately, the Defendant destroyed the shock absorption unit by occupational negligence as above, which caused the repair cost to be KRW 12.6 million.

2. A person who violates the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on which mandatory insurance is not covered, but the Defendant operated the foregoing motor vehicle from the National Hospital located in Chungcheongju to the entrance way in front of the entrance of the protonation, on August 8, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report (1), (2), and on-site photographs;

1. Delivery of checking damage caused by the destruction of road facilities;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and Article 151 of the Road Traffic Act (the point of causing damage to and damage from fruits, the choice of imprisonment without prison labor), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles which

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

1. Article 62(1) of the Criminal Act:

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