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(영문) 부산지방법원 2015.02.09 2014고단9436
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal power] On November 28, 2014, Defendant 2 was sentenced to a suspended sentence of ten months for the crime of forging private documents at the Busan District Court. On December 6, 2014, the above judgment became final and conclusive.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving of BF vehicles.

On July 30, 2014, the Defendant driven the above vehicle on July 20, 2014, and passed it back to the front road located in Busan Southern-gu C.

In such cases, a person engaged in driving service has a duty of care to safely drive by checking the left and right well.

Nevertheless, the defendant neglected to do so, and was parked at the same time due to the negligence that led to the failure of the defendant, and the back portion of the FtRa car owned by the victim E was shocked.

Accordingly, the Defendant damaged the car of the above set by occupational negligence, which is approximately KRW 300,000,000 of the repairing cost.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the above B cargo vehicle at a section of about 500 meters from the front of the defendant's house located in Busan Southern-gu C to the front of D in C without obtaining a temporary warning and a driver's license as stated in paragraph (1).

3. The Defendant under the Guarantee of Automobile Accident Compensation Act operated the foregoing B cargo vehicles without mandatory insurance as described in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Verifying reports on traffic accidents, reports on occurrence of traffic accidents, registers of driver's licenses, photographs of damaged vehicles, and details of compulsory insurance coverage;

1. Investigation report (Investigation of estimated repair of damaged vehicles);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Relevant laws concerning criminal facts: Article 151 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (1) and Article 8 of the Guarantee of Automobile Accident Compensation Act.

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