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(영문) 인천지방법원 2013.07.15 2013고정403
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Road Traffic Act, driven a bareboat car on duty.

At around 07:00 on May 15, 2012, the Defendant, at the time of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, had the two-lanes, one of four-lanes in the direction of the death distance of the central hospital in Incheon, the two-lanes in the direction of the central park.

A driver has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately operating the steering direction and brakes.

Nevertheless, the defendant did not avoid the amount of a DNA car driven by the victim C(the age of 47) who was driving in the same direction as he got into the same direction in the first direction on the ground of influence, and was placed on the right side of the damaged vehicle due to the front side of the left side of the defendant's vehicle.

Ultimately, the Defendant damaged the amount of KRW 873,710 for repairing the damaged vehicle due to the above occupational negligence.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the vehicle B, low-priced gate.

On May 18, 2011, a motor vehicle that is not covered by mandatory insurance is unable to operate, without renewal of liability insurance, etc., whose contract term expires as of May 18, 201, and without insurance as of May 15, 2012, a vehicle operated a section of approximately 130 km from Chungcheongnam-do in the same day to the same place of accident around 07:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes on mandatory insurance inquiries and estimates;

1. Relevant statutory provisions concerning criminal facts, Article 151 of the Road Traffic Act (the point of causing damage to property), Article 46 (2) and the main sentence of Article 8 (the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Feb. 22, 2012): Selection of each fine for negligence;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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