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(영문) 서울북부지방법원 2017.09.27 2017고정1185
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving service of 125 cc c.

On October 12, 2016, the Defendant driven the above Obaon around 12:08, while driving the front road of Dongdaemun-gu Seoul, Seoul, along with one lane in the direction of the same church, from the direction of the new church.

Since there is a road where the center line of yellow domin line is installed, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle by driving it on the right side of the center line.

Nevertheless, the Defendant neglected to do so and went along one-lane of the opposite direction due to the negligence of the center line, and the victim C driver's disturbance also received the front part of the passenger car as the front part on the left side of the vehicle.

Ultimately, the Defendant destroyed the said car by occupational negligence so that the amount equivalent to KRW 948,000 is equal to the repair cost.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as the owner of the Oral Ba as set forth in paragraph (1), operated the said Oral Ba which was not covered by mandatory insurance at the time and place set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a written statement on the occurrence of each traffic accident;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs and vehicle photographs on accident site;

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

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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