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(영문) 광주지방법원 2017.08.31 2017고정907
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

The defendant is a holder and driver of C125cc Orala.

1. On May 12:30, 201, the Defendant violated the Road Traffic Act driving the said vehicle, and changed the course from the three-lane to the two-lanes in the direction of the horse-based market in the direction of the horse-based market at the end of the route from the angle of the route.

A driver of any motor vehicle shall have the duty of care not to change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course.

Nevertheless, due to the change of course, the victim E, who is driving in the same direction two lanes, followed by the first string of the FM5 passenger car driven by the victim E, and the last string of the sirens were shocked into the part of the Defendant’s vehicle loaded.

After the Defendant’s negligence, the Defendant destroyed that the amount equivalent to KRW 1,032,917 is equivalent to the repairing cost, such as Lart Lart Dogs.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, at around 12:30 on May 5, 2017, the Defendant driven the said vehicle that was not covered by mandatory insurance at approximately 20 km section from around 32-4 Do-ro 52 to the front road of Gwangju Northern-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions concerning the 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 selection of fines;

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. Articles 70 and 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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