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(영문) 청주지방법원 충주지원 2013.06.26 2012고정272
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 drives a B knife vehicle.

At around 22:00 on June 11, 201, the Defendant driven the above-mentioned vehicles, leading the D cafeteria in front of the D cafeteria at the point of accident.

At the same time, the Madju vehicle was a narrow road where it is difficult for the vehicle to walk, and the damaged vehicle is proceeding on the front side.

Since temporary suspension was made, there was a duty of care to ensure that a person engaged in driving service has a duty of care to accurately operate the steering direction and brakes well, to ensure that there is no other vehicle driving in the rear side, and to safely proceed.

Nevertheless, the Defendant, due to the negligence of driving a vehicle in the direction of the vehicle back to the left side of the Defendant’s next left side of the FM vehicle of the victim E(52 years of age, inn) who was temporarily suspending at the right side of the vehicle behind the direction of the vehicle.

In the end, the Defendant damaged the above damaged vehicle repair dog by occupational negligence.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, instead of purchasing a mandatory insurance policy at the same time and at the same place as the above paragraph (1), operated a B Kan vehicle owned by the Defendant.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A E-document;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, the choice of fines, and the main sentence of Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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