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(영문) 전주지방법원 2017.11.14 2017고정649
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

1. On June 10, 2017, the Defendant violated the Road Traffic Act, driving CVL125 Oba on the duty of around 12:05, and driving on the duty of the CVL125 Oba, the two lanes in front of the front city of the front city along the two lanes from the front city of the front city to the opposite intersection, and the two lanes were changed to the one lane.

In such cases, the driver of a motor vehicle has a duty of care to not change course when it is likely to obstruct the normal passage of other motor vehicles driving in the direction of change.

Nevertheless, the Defendant neglected this and neglected to change his course to the left-hand side of the Defendant’s driver’s driver’s driver’s vehicle F. F. P. M. driving for the victim E (F. 52 years old) with one-lane.

Therefore, the defendant damaged the above-mentioned low-speed car to cover approximately KRW 912,382 of the repair cost due to such occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of CVL125 Oral Ba, and is prohibited from operating an automobile on the road which has not been covered by mandatory insurance.

Nevertheless, the Defendant, around 12:05 on June 10, 2017, operated the said Oral Ba, which was not covered by mandatory insurance from the front road of Seojin-gu Seoul Special Metropolitan City to the front road of the Jeonjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Selection of each of the fines referred to in Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 concerning the facts constituting an offense subject to the application of the written estimate Acts and subordinate statutes;

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. Various circumstances such as the age, occupation, living environment, accident circumstance and result of the sentencing of the defendant under Article 334(1) of the Criminal Procedure Act in relation to the order of provisional payment;

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