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(영문) 전주지방법원 2016.05.03 2015고정996
도로교통법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a cuss car in B.

1. On June 27, 2015, the Defendant violated the Road Traffic Act: (a) driven the said car around 08:30 on June 27, 2015; and (b) proceeded with the first line of the lanes in front of the D in the former North Jeju-gun C with a view to driving the said car on the front side.

At that time, since it is the first place prohibited area, a person engaged in driving service has a duty of care to avoid driving.

Nevertheless, the Defendant neglected to do so and received the part of the lower court’s vehicle back to the right side of the Defendant’s vehicle and the part of the lower court’s gate and the gate in front of the left side of the Switzerland car.

The defendant damaged the above SP car amounting to KRW 1,103,668 of the repair cost by negligence in the course of business as above.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road without mandatory insurance;

Nevertheless, the Defendant did not purchase mandatory insurance and operated a cuss car like the preceding paragraph.

Summary of Evidence

1. Statement made by the police for E;

1. A copy of the defendant's certificate of accident;

1. A traffic accident report, on-site inspection report, and on-site photographs of a traffic accident;

1. An inquiry into the enemy and mandatory insurance;

1. Application of the written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 151 of the Road Traffic Act (the point of damage to occupational and actual property), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (the point of operating an automobile which is not mandatory insurance), and the selection of fines, respectively;

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 concerning the order of provisional payment;

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