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(영문) 광주지방법원 2020.02.19 2019고정1312
도로교통법위반등
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

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a freezing tower B.

At around 09:30 on November 5, 2019, the Defendant driven the said freezing tower, leading to moving back to the front road of the DNA real estate located in Gwangju Northern-gu C.

At the same time, there was a vehicle stopped in the rear, so the driver had a duty of care to live well in the rear and operate the steering system accurately and safely.

Nevertheless, the Defendant neglected to do so, and neglected to do so, received the front part of the FST6 car owned by the victim E, which was stopped at the front of the Defendant, as the rear part of the said freezing tower.

Ultimately, the Defendant damaged the said car by the occupational negligence, such as causing the defect to the front driver of the said car.

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;

The Defendant, at the time and place specified in paragraph (1), operated the furning and freezing vehicles, which were not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to report internal investigation (the details of mandatory insurance coverage for vehicles suspected of being covered and investigation into the suspect's whereabouts);

1. Relevant legal provisions concerning facts constituting an offense, Article 151 (Destruction of and Damage to Property by Negligence), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act, in the past, the Defendant had been punished several times due to the violation of the Guarantee of Automobile Accident Compensation Act, but operated a motor vehicle which has not been covered by mandatory insurance.

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