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(영문) 대전지방법원 2018.05.18 2018고정135
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violating the Road Traffic Act is a person engaging in driving a Bbera cruise car.

On November 17, 2017, the Defendant driven the above vehicle at around 15:55 on November 17, 2017, and led to the progress of driving at an aesthetic speed in the public parking lot located in Seongbuk-gu, Daejeon.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating steering steering steering gear and brakes in light of the parking condition or traffic condition of another motor vehicle while checking the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant, by negligence, caused the damage to the victim’s property by making it possible for the Defendant to take the repair cost of KRW 250,000 for the said damaged vehicle, after the Rashed Rash- owned by the victim C(31) who was parked in the line of a parking zone located within the parking lot due to the negligence of driving the vehicle without such duty of care.

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

No owner of a motor vehicle shall operate any motor vehicle on the road, which is not covered by mandatory insurance prescribed by the Guarantee of Automobile Damage Compensation Act.

Nevertheless, the Defendant operated the said car without mandatory insurance on the road at approximately 20 km section from the Sejong Special Self-Governing City E apartment road to the accident site in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of written estimates and mandatory insurance-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act (the occupation of damage to occupational and actual goods, the choice of fines), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating an automobile which is not mandatory insurance, the choice of fines);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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