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(영문) 청주지방법원 2020.08.26 2020고정386
도로교통법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a BMW car.

Around 18:20 on February 14, 2020, the Defendant was parked in the parking lot adjacent to the D Hospital C located adjacent to the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu.

At the time, the Defendant’s frontline was parked the F. F.M. car for the victim E(65 years old) driving, and in such a case, there was a duty of care to safely drive the front line to prevent accidents by driving the vehicle in advance, such as accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so and caused the damage to the left-hand side of the said rocketing car by shocking the part behind the Defendant’s operation to the right-hand side of the said car, thereby damaging the said rocketing car to have approximately KRW 685,276 of the repairing cost.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the BMW car as stated in the above paragraph (1).

No owner of a motor vehicle shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the same time and place as the above Paragraph 1.

Summary of Evidence

1. Statement E of the defendant in court;

1. The application of Acts and subordinate statutes of the actual situation survey report, quotation, and mandatory insurance contract;

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

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the background of the case, degree of damage, and other age, character and conduct, environment, motive, means and result of the crime of the defendant;

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