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(영문) 의정부지방법원 고양지원 2019.10.25 2019고정738
도로교통법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a vehicle BK3.

On February 28, 2019, around 12:20, the Defendant came to turn to the left the right from the area of the public parking lot located in Seoyang-gu, Seoyangyang-gu, Seoyangyang-gu to the left.

There is no signal, so in such a case, the driver of the vehicle shall report the traffic situation of the front and rear left, accurately manipulate the steering system, brakes, etc. of the vehicle, and in particular, the driver of the vehicle has a duty of care to yield the course to prevent the accident from spreading.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering direction and operation system without accurately operating the steering direction and operation system, and received the back door of the FSP car driven by the victim E (W, 37 years old) who was in the direction D in the Western Park direction, as the front door of the FSP car driven by the above K3 vehicle.

Ultimately, the Defendant damaged the ice car to require repair costs equivalent to KRW 800,000 by occupational negligence as above.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of the said BK3 vehicle at a section of about 200 meters from the front road to the third distance as stated in paragraph (1) of this Article, which is located in Hayangyang-gu G without obtaining a temporary driver’s license as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant legal provisions and Article 151 of the Road Traffic Act concerning the crime, the choice of punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the occupation of driving without a license and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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