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(영문) 대전지방법원 2017.05.26 2017고정205
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 23, 2016, the Defendant is a person who is engaged in driving a CMM car, and the Defendant was driving the above vehicle at around 23:04, the Defendant had a duty of care to prevent accidents by accurately operating the steering gear, brakes, and other devices of the vehicle and by properly examining the right and the right and the right of the vehicle in the case of a person who is engaged in driving the vehicle.

Nevertheless, the Defendant, while neglecting the duty of follow-up watch, neglected to perform his duty, received the part behind the Defendant’s vehicle and the part behind the Defendant’s vehicle in front of the right-hand edge of the Esch Rexroth car owned by the victim D ( South, 42C) who was parked in the said place due to negligence, and eventually, the Defendant damaged the victim’s property so that the repair cost of the damaged vehicle would be equivalent to KRW 704,811 due to the foregoing occupational negligence.

2. Although the Defendant violated the Guarantee of Automobile Compensation for Damages, the Defendant was a guardian of the CDI No. 1, who was a driver of the CDI, was prohibited from operating a motor vehicle on the road which was not covered by mandatory insurance as stipulated under the Guarantee of Automobile Compensation for Damages Act, the Defendant was running the said motor vehicle without mandatory insurance from the place as stated in the above No. 1. 1 to the flive flick KI

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

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

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

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