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(영문) 수원지방법원 2017.04.20 2017고정393

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car in Bluu State.

On October 27, 2016, the Defendant driven the above vehicle at around 05:20 on October 27, 2016, and moved the two-lanes into the two-lanes at the speed of about 90 km from the upstream direction to the speed of about 386 km at the speed of 386 km on the side of the Gyeong-do Highway, Young-do.

At this time, D dump vehicles driving in the three-lanes of the victim C( South, 32 years old) were driving in the same direction.

In such cases, a person engaged in driving service has a duty of care to operate direction direction when changing course, give notice of change of course, and make safe change of course by looking at the traffic conditions before and after the change.

Nevertheless, the Defendant neglected this and neglected to change his course, and caused the Defendant’s vehicle to go beyond three lanes, and followed the driver’s seat of the damaged vehicle, and received the lower part of the Defendant’s vehicle as the front part of the driver’s seat.

Ultimately, the Defendant destroyed KRW 3,817,00 of the cost of repairing the damaged vehicle due to occupational negligence as above, but left without immediately stopping the vehicle and without taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the occurrence of a traffic accident C;

1. The report of each traffic accident, the investigation report (whether the vehicle is towed by damaged vehicles), the written estimate, and the register of driver's licenses of each motor vehicle;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles, on-site photographs of accidents, and photographs of passing on the number of motor vehicles traveling on the expressway;

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant left the vehicle immediately after the occurrence of the instant case and left the vehicle later.