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(영문) 수원지방법원 성남지원 2017.10.26 2017고정811
도로교통법위반등
Text

Defendant shall be punished by a fine of two 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 Csch Rexroth car.

On March 5, 2016, the Defendant, at a point of 360km from the mid-to long-face Seoul Tool-gu, the part of the road at a point of 360km from the mid-to long-face, the Defendant proceeded to the south side from the west.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering system, brakes and other devices of the vehicle with the driver's duty of care.

Nevertheless, the Defendant neglected to do so and received the part of the front part of the Defendant’s vehicle following the E rocketing car driven by the victim D while stopping at the front.

Ultimately, the Defendant damaged the victim’s vehicle due to the above occupational negligence, and thereby, damaged the repair cost amounting to approximately KRW 478,078.

2. A person who violates the Guarantee of Automobile Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, but the Defendant operated the foregoing Bosch Rexroth that is not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. The defendant's legal statement (the date of the fourth public trial shall be the date);

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

1. Inquiry into each mandatory insurance;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and the choice of fines, respectively, for the sake of selecting a fine;

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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