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(영문) 광주지방법원 2016.11.01 2016고정1616
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a B-wing and freight vehicle.

At around 19:00 on August 3, 2016, the Defendant left the left at the front of the D cafeteria located in Seo-gu, Seo-gu, Gwangju.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by safely reporting the traffic conditions of the front, rear, left, and left, and right.

Nevertheless, the defendant neglected to do so and proceeds as it is.

Ebents owned by Aju Capital Co., Ltd., a victim parked there, shocked the part on the left side of the vehicle to load the Ebents in front of the passenger car volume.

As a result, the defendant damaged the part of the set before the right side of the damaged vehicle by occupational negligence to be equivalent to KRW 5,465,548.

2. No motor vehicle shall be operated on a road unless a mandatory insurance policy violates the Guarantee of Automobile Accident Compensation Act;

Nevertheless, the Defendant operated B-wing Cargo Vehicles not covered by mandatory insurance in approximately six kilometers from the Seo-gu, Seo-gu, Gwangju to the place of the accident at the time of the temporary border under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. Written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

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

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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