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(영문) 인천지방법원 2018.03.12 2017고정1755
도로교통법위반등
Text

Defendant shall be punished by a fine of one 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 Brane car.

On January 26, 2017, the Defendant driven the above car at around 16:30, and led to one side of the way from the 2001 Paplet to the Incheon Metropolitan City wholesale Market, 507, Nam-gu, Nam-gu, Incheon.

In this case, the defendant engaged in driving service has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident.

Nevertheless, by negligence of neglecting this, the Defendant received the back portion of the D Poter Cargo in front of the Defendant’s passenger car, which was driven by the victim C ( South, 52 years old) who was standing in front of the Defendant’s car.

Ultimately, the Defendant damaged the above cargo vehicle by occupational negligence, which is worth KRW 250,000,00.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of Branchising car.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the said car at the same time and place as Paragraph 1, which was not covered by mandatory insurance as above.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, on-site photographs, investigation reports on the actual condition of traffic accidents, photographs of driver's licenses, car inquiry, and mandatory insurance;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 151 of the Road Traffic Act (hereafter referred to as "damage to duties and actual property"), Article 46 (2) 2, the main sentence of Article 8, and the selection of fines, respectively, for the compensation of motor vehicles;

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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