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(영문) 창원지방법원 2015.02.06 2014고정884
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a holder of an Oral land in the 49c large forest.

1. At around 15:05 on March 19, 2014, the Defendant violated the Road Traffic Act: (a) driven the above Oral Ba; (b) carried the gas station at C stations located in Kimhae-si B; and (c) proceed with the path ahead of the gas station in the opposite lane in order to go through a tri-dong bank.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to prevent accidents by passing along the center line of the road.

Nevertheless, the Defendant neglected to do so and neglected to turn to the left at the center line by the negligence of the Defendant, and left the left, received the left part of the EFrocketing and the left part of the EFstuna car driven by D (hereinafter referred to as 74 years old) from the opposite opposite lane, as the front part of the EFstuna car driven by the Defendant.

After all, the Defendant damaged the property to cover the repair cost of KRW 926,517 on the D’s car due to the above occupational negligence.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the same time and place as the above Paragraph 1.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

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;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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