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(영문) 서울중앙지방법원 2016.09.20 2016고정1780
도로교통법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who drives a B Potter owned by the Defendant himself.

On December 23, 2015, the Defendant driving the above vehicle at around 22:50, and driving the vehicle at around 22:30, the Defendant proceeded along the one lane in the direction of the Sinsan-ro (Gundong-si), the 13 North Sskdong-si, the 3rd intersection of the Seoul Jongno-gu, Seoul.

In such cases, a person engaged in driving service has a duty of care to safely proceed with the situation of traffic before, after, after, and after.

Nevertheless, the defendant did not neglect the above duty of care and conflict with the third side of the defendant's vehicle's chief side of the defendant's vehicle with the third side of the defendant's vehicle.

Ultimately, the Defendant damaged the concrete boundary stone, etc. at the bottom of each school, which is the water damaged by occupational negligence, to have an amount equivalent to KRW 3,850,00,00 for the estimation of repair.

2. The Defendant violated the Guarantee of Automobile Compensation Act, when committing an act under paragraph (1) of the said Article, operated the said vehicle without purchasing mandatory insurance at a distance of about 7 km up to 3 km from the door of Jongno-gu, the location of the accident, which is the location of Seongbuk-gu Seoul Seongbuk-ro 2 (No. 6 out of the Hansung-ro), to the third intersection of Jongno-gu, Seongbuk-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on a traffic accident, a survey report on actual condition, and a traffic accident occurrence report;

1. A written statement of the occurrence of a traffic accident C;

1. On-site photographs of traffic accidents;

1. Inquiry into mandatory insurance;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Article 46 (2), Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines for each type of crime;

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

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