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(영문) 의정부지방법원 2014.01.08 2013고정2190
도로교통법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving service of CIDAS PLUS 110C.

At around 07:10 on May 4, 2013, the Defendant continued to run approximately 40 km from the northwest-si to the northwest-si of the Mancheon-si, Gyeonggi-do at a speed of about 40 km.

Since there is a long distance intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to check whether there is a vehicle passing through the intersection by checking well the front left, and to prevent the accident in advance by driving safely according to the traffic signal.

Nevertheless, even if the traffic signal is changed to a stop signal, the Defendant neglected this, and due to the negligence of entering the said intersection in violation of the said signal and proceeding, followed by the victim D, driving the said intersection to the right side from the left side of the direction of the road of the off-to-land to the above intersection, received the part of the front part of the road on the right side of the Karen car driven by the victim D.

After all, the Defendant damaged the car car in the above occupational negligence by causing approximately KRW 1,207,836 of the repair cost.

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;

Nevertheless, the Defendant, at the same time and at the same place, was driving the above CCIDAS PLUS 110cc Oba.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A traffic accident report;

1. Photographs related to traffic accidents;

1. Written estimate;

1. Application of Acts and subordinate statutes concerning compulsory insurance coverage (C);

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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