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(영문) 대전지방법원 천안지원 2020.06.12 2020고정146
도로교통법위반
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

On May 29, 2019, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Southern District Court, and the above judgment became final and conclusive on August 24, 2019.

On March 12, 2018, the Defendant operated BM3 automobiles on March 21, 2018, and proceeded with the Da-dong parking lot in Seo-gu, Seoan-gu, Seoan-gu, Incheon.

In such cases, a driver of a motor vehicle has a duty of care to report the driving direction well and safely drive the motor vehicle so that he/she can prevent the accident in advance.

Nevertheless, the Defendant neglected this and went back as it is.

The front part of the vehicle in the parking e-mail set was received as the front part of the vehicle for Defendant driving.

Accordingly, the defendant damaged the above damaged vehicle due to occupational negligence so that the repair cost of KRW 2,874,00 is damaged.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. Written estimate of damage;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents, report on the actual condition of traffic accidents, report on actual condition of survey, photographs of damaged vehicles, mermographic photographs left by the suspect;

1. Article 151 of the Road Traffic Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, destroyed the victim’s vehicle while driving a vehicle not insured.

Until now, victims have not been compensated for damages.

However, the defendant recognizes his mistake and is against his will.

Since the instant crime is in a concurrent relationship with the crime of fraud, etc. of which judgment has become final and conclusive, the equity should be taken into account in the case of judgment at the same time.

In addition, various circumstances revealed in the trial process, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., are taken into account.

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