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(영문) 춘천지방법원 원주지원 2018.08.24 2018고정146
도로교통법위반등
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving in the amount of Category B A car.

A. On December 20, 2017, the Defendant violated the Road Traffic Act: (a) around 21:40 on December 20, 2017, the Defendant was going to the original public health clinic on the side of the educationally East branch of the Nonghyup Bank, which was located in the 188th day of Won-si.

Since there are three lanes, one side road and another side road, a person engaged in driving of a motor vehicle has a duty of care to check the front and rear left and right at the time of driving the motor vehicle, and to drive the motor vehicle safely by accurately operating the steering and brakes.

Nevertheless, by negligence, the Defendant neglected this and proceeded at the first lane of the said road, caused the part of the back wheels of the driving seat of the D New Don-Wn-Wn-Wn-Wn-Wn-Wnn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

After all, the defendant damaged the victim's vehicle due to the above occupational negligence, which is approximately KRW 489,476.

B. Although a person violating the Guarantee of Automobile Compensation Act is prohibited from operating a vehicle not covered by mandatory insurance on the road, the Defendant operated the said cab car without mandatory insurance at the time and place specified in the foregoing paragraph.

Summary of Evidence

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

1. C’s statement;

1. The actual condition survey report, on-site photographs, and inquiries about each mandatory insurance, and estimates;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 151 of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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