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(영문) 서울남부지방법원 2018.08.21 2018고정850
도로교통법위반등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 9, 2018, the Defendant violated the Road Traffic Act (hereinafter “Road Traffic Act”), around 14:10, in a zone with priority parking for residents of the roads in front of Yangcheon-gu Seoul Metropolitan Government, the Defendant was under way to walk the time zone for a DNA passenger car.

In such cases, a person engaged in driving service has a duty of care to drive the vehicle safely after he/she is well aware of the performance and mechanical operation of the vehicle.

Nevertheless, the Defendant had a sudden turn on the front of the mechanical operation such as a machine operation, and brought a first collision with the Libya while driving the Aribya, and was pushed back by the shock, and continued to conflict with the part of the F. F.S. car owned by the victim E in front of the haloga car and continued to conflict with the part of the Defendant’s vehicle in front of and behind the haloga car, and the part of the driver’s seat of the Hapoter II truck owned by the victim G HPoter.

Ultimately, the Defendant damaged the above occupational negligence in a way that amounting to KRW 3,050,081, and KRW 925,901, and KRW 925,901, respectively.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of Done Star Co., Ltd.

The Defendant operated the said car without mandatory insurance at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in G and E;

1. Reporting of a traffic accident (1);

1. Application of Acts and subordinate statutes to inquire into non- mandatory insurance information;

1. Article 151 of the Road Traffic Act (the occupation of damage to business and actual property) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the occupation of operating a vehicle which has not mandatory insurance);

1. Selection of an alternative fine for punishment;

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. It is so decided as per Disposition by the assent of all participating Justices, taking into account the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is old, and the health of the defendant sharply aggravated, etc.

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