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(영문) 수원지방법원 2016.11.03 2016고정582
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. On June 9, 2015, the Defendant violated the Road Traffic Act: (a) driven the above cargo vehicle at a speed of 23:40, and led the front of the road C in the Young-gu, Young-si, to the luminous intersection from the right edge of the Young-gu.

At this point, E Co., Ltd. owned by the victim D was parked in a car, so there was a duty of care to take care of the person engaged in driving of the automobile well and prevent the accident.

Nevertheless, the Defendant neglected to do so and received the back part of the cargo vehicle that the Defendant drives by negligence.

Ultimately, the Defendant damaged the car to the extent of KRW 1,752,168 with the repair cost due to the above occupational negligence.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the freight truck that was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written statement related to traffic accidents prepared D;

1. A traffic accident report;

1. An accident photograph;

1. Written estimate;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, the choice of punishment, and 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 are not mandatory insurance, the selection of fines);

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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