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(영문) 대구지방법원 포항지원 2019.09.18 2019고정157
도로교통법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person driving a benz car in B.

1. The Defendant violated the Road Traffic Act, around 12:10 on 02.06. 06. 06. 06. 12:10, the Defendant moved the front road of the Northern-gu C from the Do apartment bank to the E apartment bank.

In such cases, a person engaged in driving service has a duty of care to ensure safe driving by checking the safety of the course and accurately manipulating the steering gear, brake system, etc.

Nevertheless, there was a conflict between the backside on the left side of the GGGGG car driven by the victim F (34 years old) who was under direct control of the opposite direction due to negligence, and the upper part of the GGGG car driven by the victim F (34 years old).

The Defendant damaged property worth approximately KRW 746,051 on the damaged vehicle by occupational negligence as above.

2. The above-mentioned vehicles of the Defendant violated the Guarantee of Automobile Accident Compensation Act (liability insurance) purchased a duty to pay the amount as prescribed by the Presidential Decree to the victim of a traffic accident (liability insurance) and thereafter drive the vehicle without fulfilling the duty to pay it to the victim of the traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. The application of Acts and subordinate statutes to mandatory insurance inquiries, investigation reports (related to estimates), investigation reports (reports on verification of the suspect and other parties to the victim, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;

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

1. Articles 70 (1) 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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