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(영문) 서울서부지방법원 2015.05.27 2015고정121
도로교통법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a cushion vehicle in G.

On October 20, 2014, the Defendant, around 20:20 on October 204, 2014, continued four lanes in front of the point where the Dongjak-gu Seoul Yongsan-gu Seoul is combined with that of the Yongsan-gu North grade, Yongsan-gu, Seoul, to proceed four lanes of the above roads at an aesthetic speed.

Since there have been many traffic of vehicles at the time, a driver of a motor vehicle has a duty of care to ensure safe driving by reporting well the traffic situation on the front side and the right side.

Nevertheless, the Defendant failed to discover the IW car driven by the victim H(27 years of age) who was driven in the same lane due to the negligence of neglecting this, and received the back part of the said BM car as the front part of the said EM car.

Ultimately, due to the above occupational negligence, the Defendant damaged the said BMW car to have an amount equivalent to KRW 2.6 million in repairing cost.

2. On October 4, 2014, the Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of G Eubs’ car, operated the said car at the front of the point where it is found to coincide with the Dongjak-gu, Yongsanbukbuk-gu, Seoul, the Yongsan-gu, Seoul, at around October 20, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. The actual survey report on traffic accidents;

1. Application of the Acts and subordinate statutes governing the mandatory insurance policy and the estimates of repair costs;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act (amended by Act No. 12987, Jan. 6, 2015); Article 46 (2) 2 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015); the main sentence of Article 8; and the selection of each fine;

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. The defendant is led to confession of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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