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(영문) 광주지방법원 2017.05.18 2017고정295
도로교통법위반등
Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a driver car BD.

On May 17, 2016, the Defendant driven the above vehicle on around 20:25, and moved ahead of the D cafeteria located in Gwangju City Mine-gu C.

Since there was a parked vehicle on the road, there was a duty of care to prevent accidents in advance by driving safely, such as making the front, rear, and left and right of the person engaged in driving service, and accurately operating the steering and steering system.

Nevertheless, the Defendant, who neglected this and was parked in the rear by negligence, destroyed that the part of the fences in front of the left-hand side of the F vehicle owned by the victim E, which was parked in the rear bank, was shocked to the right-hand side of the Defendant’s driving vehicle, so that the repair cost of KRW 1,064,378 should be maintained.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a BD car without obtaining a driver’s license at the same time and place as that of the preceding paragraph.

3. The Defendant violated the Guarantee of Automobile Compensation Act: (a) drive a car with BD which was not covered by mandatory insurance at the same time and at the same place as the foregoing 1. Paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. E statements;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Application of Acts and subordinate statutes to a traffic accident occurrence report, on-site photographs, actual survey report, and written estimate;

1. Relevant Article 151 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act (hereafter referred to as "unlicensed driving"), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the selection of fines, respectively, concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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