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(영문) 서울서부지방법원 2018.11.29 2018고정566
도로교통법위반등
Text

A fine of two million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a bicycle without registration, YM 125 EV motor device;

On March 15, 2016, the Defendant driven the above vehicle at around 16:50 on March 15, 2016, and led the front door of the Seodaemun-gu Seoul Western-ro 560, Sungsan-ro, Seoul, to proceed at an insular speed along the three-lanes in the direction of the gold tunnel in the vicinity of the school at the school of the household.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents by complying with the speed and speed of the vehicle, accurately operating the steering gear and brakes, and operating them.

Nevertheless, the defendant requested a stop for control by the slope C belonging to Seoul National Police Agency B, and the defendant tried to flee to the left side of the damaged party, and the part front of the victim's DNA driving, which was going to the right side of the driver's vehicle, was shocked into the front part of the defendant's vehicle.

Ultimately, the Defendant destroyed the victim’s vehicle by occupational negligence so that the repair cost of KRW 1,947,645 is to be borne by the Defendant.

2. No automobile which is not covered by mandatory insurance provided for in the Guarantee of Automobile Damage Compensation Insurance Act shall be operated on the road;

The Defendant operated a non-registered SYM 125 EV motor bicycle that was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A detailed statement of automobile inspection and maintenance;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 151 of the Road Traffic Act (the point of damage to occupational and actual property), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (the point of operating an automobile which is not mandatory insurance), and the selection of fines, respectively;

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 of the Criminal Procedure Act of the Provisional Payment Order

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