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(영문) 수원지방법원 성남지원 2014.09.24 2014고정1252
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 is a person who is engaged in the business of driving a non-registered light vehicle;

On March 10, 2014, around 15:28, the Defendant driven the said vehicle at a speed of about 20 km from the gas construction side without obtaining a driver’s license for the motor vehicle from the direction of the gas construction project, on March 10, 2014.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving service has a duty of care to drive safely according to his/her name.

Nevertheless, the Defendant neglected this and received the front part of the D vehicle driven by the victim C, who is in direct direction from the right side of the running direction of the Defendant’s vehicle to the left side by the direct negligence in contravention of the signal, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant damaged the victim’s vehicle by occupational negligence as above to cover approximately KRW 1760,00,000.

2. Although the Defendant was prohibited from operating a motor vehicle on the road, which is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act, on March 10, 2014, the Defendant operated the said motor vehicle with the wheels, which was not covered by mandatory insurance from the front day of the project for gas works in the area of Seongbuk-gu Seoul Metropolitan City, to the front day of the project for gas works in the area of Seongbuk-gu, Sungnam-si, to the front day of the project.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A traffic accident report (1) (2);

1. Written estimate;

1. On-site photographs;

1. Application of Acts and subordinate statutes of an investigation report;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act: Selection of each fine;

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

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