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(영문) 부산지방법원 2019.05.15 2018고정1887
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is a holder of Bsch Rexton car and is engaged in driving the said car.

1. On June 6, 2014, at around 18:30, the Defendant violated the Road Traffic Act, driving a Bsch Rexton car and driving it toward the lower distance from the right edge of the D Bank located in the Gu of Busan City, along the three-lane distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes, etc. of the motor vehicle and to prevent accidents in advance by safely driving the motor vehicle by checking the traffic conditions in the front.

Nevertheless, the Defendant neglected this and failed to properly look at the front section of the passenger car of the Defendant, which was driven by the victim E while waiting in the same direction as the Defendant, in order to turn off the front section in the same way as the Defendant.

As a result, the Defendant damaged the victim E-owned cargo back to the victim E, thereby damaging the repair cost.

2. On June 6, 2014, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a passenger car of Bsch Rexton who was not covered by mandatory insurance on the road located at the lower end of the Busan Seo-gu.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Report of traffic accidents and application of Acts and subordinate statutes of the Mandatory Insurance Act;

1. Relevant Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines for crimes;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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