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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On November 16, 2018, the Defendant violated the Road Traffic Act (hereinafter “Road Traffic Act”) at around 16:08, the Defendant driving a non-registered 125cc camba, and proceeding the front street B in the direction of the Si/Eup/Myeon from the jurisdiction of the Eup/Myeon. Since a central line is installed, a person engaged in driving service has a duty of care not to proceed beyond the central line.
Nevertheless, the Defendant neglected this and caused the damage to the damaged vehicle to be in excess of KRW 1,656,00 of the cost of repairing the damaged vehicle by shocking the part in front of the driver’s seat of the D Poter truck drivened by the injured Party C, which was driven by the negligent operation of the central line.
The defendant asserts that the central line was not operated by the defendant.
However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., (i) the victim C’s cargo vehicle stops on its own lane, and the Defendant’s Hatoba, which caused the accident, can confirm that the Defendant’s Hatoba, which is far away from the road in the direction of the victim’s proceeding beyond the central line. This appears to be a phenomenon due to the Defendant’s Hatoba, which is the Defendant’s Hatoba in the middle line, and (ii) the Defendant stated at the investigative agency that he was unable to memory how the accident occurred under the influence of alcohol at the time of this case. On the other hand, the victim stated at this court and investigative agency that “The Defendant was faced with the central line during which the Defendant was faced with the Defendant’s vehicle at the time of the accident,” and (iii) the Defendant was placed under the influence of the blood alcohol concentration of 0.21% at the time of the accident, and the location at which the instant road was constructed, thereby complying with its own lane.