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(영문) 청주지방법원 2015.05.29 2015고정167
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 10:00 on December 12, 2014, the Defendant operated the B-to-car car volume owned by the Defendant, which was not covered by mandatory insurance, on the two-lanes in front of the Si consul distance in the front of the Si consul distance, as a one-lane circulation in the petition-gu, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Application of the mandatory insurance policy and the Acts and subordinate statutes of the hostile bureau;

1. The main text of Article 46(2)2 and Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015) concerning criminal facts

1. Selection of an alternative fine for punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of this part of the facts charged is that the Defendant is engaged in driving vehicle B in the vehicle volume. On December 12, 2014, at around 10:00, the Defendant, driving the said vehicle on the two-lanes of the four-lanes in front of the Si consul distance in front of the Si consul distance on the one cycle of the Gu Office-Si Office-Si Office-Si, and driving the vehicle at a speed of about 40km per hour, and neglecting his duty of care to prevent the accident by accurately operating the steering direction and brakes, and neglecting his duty of care to prevent the accident from spreading, thereby causing the Defendant to face the back part of the victim C driving of the victim C who stops in the atmosphere of the traffic signal at the front direction of the Defendant’s driving, thereby damaging the damaged vehicle in excess of KRW 757,667.

2. The determination is a crime falling under Article 151 of the Road Traffic Act, which cannot be prosecuted against the victim’s express intent pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. The victim C withdraws his/her wish to punish the defendant by testimony in this court on May 19, 2015, which is after the institution of the instant indictment. This part of the indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.

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