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(영문) 대구지방법원 2020.02.19 2019고정1403
도로교통법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in driving vehicles B and C.

1. On September 13, 2019, around 13:25, the Defendant continued to park at the Daegu Suwon-gu C apartment parking lot in order to park at the place of accident.

A person engaged in driving service has a duty of care to live well before and after his/her career, and to accurately operate the steering gear and brake system of his/her vehicle.

Nevertheless, due to the negligence of neglecting this, the part of the front part of the Esm5 vehicle owned by the Esm5 vehicle, which was parked in the front side of the direction of the defendant's course, was shocked on the front left side of the Esm5 vehicle.

Ultimately, the Defendant damaged the property equivalent to KRW 750,000 for repairing the damaged vehicle due to the above occupational negligence.

2. In the above case, the Defendant, as a holder of the above passenger car, was killed or injured by another person due to the operation of the car, was driving the car without complying with the insurance policy or mutual aid agreement under the Insurance Business Act, such as automobile mandatory insurance, etc. liable for payment to the victim in the event of loss or damage of the property, even though it was necessary to operate the road

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of traffic accidents;

1. Statement on the occurrence of D traffic accidents;

1. The driver's license ledger, etc.;

1. A report on investigation (the sequence 4,5 of evidence list);

1. Application of the Acts and subordinate statutes to photographs of damaged vehicles, booms image images, and to photograph them;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act (the point of causing damage to property by negligence), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act (the point of operating an automobile without insurance) and the choice of fines, respectively;

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

1. Articles 70 (1) 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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