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(영문) 창원지방법원 2017.01.18 2016고정1110
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving of the C-learning car.

1. On June 13, 2016, the Defendant violated the Road Traffic Act: (a) driven the above-mentioned vehicle around 16:30 on June 13, 2016; and (b) the 16th house in the new month of Changwon-si came to proceed from the intersection of private distance to the senior citizens' right of the first-day high school.

At this point, the driver had a duty of care to prevent accidents in advance by returning the right side and the right side to the person engaged in driving service, and by yield the way to the right side of the road.

Nevertheless, the Defendant neglected this and went to the left-hand side from the right-hand side of the victim D (the age of 48) driving by the negligence of entering the intersection, which led to the front part of the car driving by the Defendant.

Ultimately, the Defendant damaged the car owned by the victim due to the above occupational negligence and thereby damaged the repair cost to be equivalent to KRW 622,504, such as the exchange of a set of money.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the Defendant operated the said car without being covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning actual condition surveys, traffic accident-related photographs, written statements on the occurrence of traffic accidents, mandatory insurance inquiries, and written estimates;

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

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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