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(영문) 서울동부지방법원 2016.04.12 2015고정2095
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a Cbeta car.

On June 12, 2015, the Defendant driven the above vehicle at around 09:10 on June 12, 2015, and led the Defendant to drive at an irregular speed in the direction of the f cafeteria in the vicinity of the entrance of the parking lot in front of the Seoul Gangdong-gu Seoul Metropolitan Government.

Since there is a narrow road through the entrance of a parking lot, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system for those engaged in driving service.

Nevertheless, the Defendant neglected this and took part of the back part of the Hrocketing car owned by the victim G that was parked in the front section of the vehicle operated by the Defendant as the front part of the vehicle operated by the Defendant, and caused the shock by which the damaged vehicle was pushed in the future and got the F cafeteria owned by the victim I.

As a result, the Defendant damaged the property that needs to be 10,87,920 won in consideration of the repair estimate through the exchange of 6,122,528 won and 10,887,920 won in the cafeteria owned by the victim I (the age of 56) after the car owned by the victim G (48 S) due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G and I;

1. The application of Acts and subordinate statutes to a traffic accident report, CCTV video recording, black image recording, photograph of the accident place, estimate, and report on investigation;

1. Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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