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(영문) 수원지방법원 안산지원 2016.11.22 2016고정1062
자동차손해배상보장법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B-B-B-B-B vehicle.

1. On December 14, 2013, the Defendant violated the Road Traffic Act, driving the above vehicle at around 02:30 on the 02:0 of December 14, 2013, the 336 km point of the coast Highway located in a straight line from the right edge of the first quarter to the Geumcheon ICT.

A defendant engaged in driving duty shall accurately operate the steering system, brakes, and other devices of his/her vehicle, shall not drive his/her vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the situation of road traffic and the structure and performance of his/her vehicle, and he/she has a duty of care to report well on the front left left and prevent any accident by driving his/her vehicle.

Nevertheless, the defendant, however, was separated from the line due to an unforeseen reason, and was installed on the right side of the Korea Highway Corporation (Seoul branch office) which was installed on the right side, and became subjected to the front part of the PE bank.

As a result, the Defendant damaged the damaged goods by the occupational negligence above, thereby damaging the property amounting to KRW 5,900,000.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the B Coindo-Bail vehicle.

As of November 30, 2012, anyone could not operate a motor vehicle without mandatory insurance, the defendant driven the above vehicle, the insurance of which has expired from Samsung Fire, at the same time and place as the above paragraph 1.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Report on the occurrence of a traffic accident and report on a traffic accident;

1. A traffic accident estimate;

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

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

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

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