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(영문) 대전지방법원 천안지원 2018.04.12 2018고정83
도로교통법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act shall drive automobiles frequently or frequently.

On December 31, 2016, the Defendant driven the above car at around 07:44, and led D's front road in Asan City, Asan City, to proceed along the two-lanes, one-lanes of the two-lanes, from the Domini Agricultural Disaster Prevention Zone to the actual air gate.

At this point, it is the kerb section of the road, and the driver of the vehicle was parked on the right side of the road, so there was a duty of care to move well to the driver of the vehicle so as not to contact the vehicle.

Nevertheless, the Defendant neglected this and continued to set the left side of the victim-owned vehicle on the front right side of the driver's vehicle by negligence in the course of business without returning it to the above passenger vehicle.

In this accident, approximately KRW 1,560,370 of the cost of repair is the victim's automobile.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a B SP car.

The Defendant operated an automobile with no mandatory insurance policy at the time and place specified in paragraph (1).

Summary of Evidence

1. Protocol concerning the examination of suspect;

1. Written statements (E);

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and photographs of the scene of the accident;

1. Each comparison with the enemy;

1. Inquiry into mandatory insurance;

1. Written estimate;

1. Medical certificates and death certificates;

1. Application of the written estimate statutes;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is the defendant's crime (influence, operation of mandatory insurance). The extent of the victim's automobile is the department, the defendant's attitude appears in the trial process.

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