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(영문) 창원지방법원 밀양지원 2019.11.21 2019고정90

도로교통법위반(사고후미조치)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B and B.

On April 24, 2019, the Defendant driven the above cargo vehicle around 09:10, and stopped the three-lane road in front of the new village distance, which is 35-2, fast-to-face, fast-to-face, from the north side, in accordance with the vehicle stop signal while driving the said vehicle on the 09:10-lane.

At the time, since the E-5 car owned by the victim D operated by the defendant C was stopped in front of the above cargo vehicle of the defendant, there was a duty of care to prevent collision with the vehicle in front of the vehicle in question by accurately operating the brake system.

Nevertheless, the Defendant did not accurately operate the operation system and received the back part of the said vehicle as the front part of the said cargo vehicle by negligence.

Ultimately, even if the Defendant destroyed the victim’s car with the repair cost of KRW 260,00,00, such as the back-of-life sales slip, due to the above occupational negligence, the Defendant escaped without taking necessary measures such as providing the Defendant’s personal information to the said C.

Summary of Evidence

1. Statement to C by the police;

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

1. The actual investigation report on traffic accidents, the photographs of traffic accidents, and the making of each cartype;

1. Application of Acts and subordinate statutes to the Motor Vehicle Insurance Verification Agency;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;