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(영문) 광주지방법원 2015.06.11 2015고정652

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the driver of the cargo vehicle B.

On February 14, 2015, the Defendant driven the above vehicle as a job around 01:42 on February 14, 2015, and turned down at the vicinity of the parking zone line of 305 front 305, a 68-lane high-speed, Gwangju Mine-gu.

At the time, there was a restriction on the view at night, and at the later time there was an obstacle to the progress due to parking cars.

In such cases, a driver has a duty of care to prevent accidents in advance, such as reducing speed and checking the safety of career by properly examining the situation.

그럼에도 불구하고 피고인은 이를 소홀히 한 채 그대로 후진한 과실로 피고인 차량 후방에 주차되어 있던 피해자 C의 D K5 승용차 운전석 뒤 휀다 모서리 부분을 피고인 차량 조수석 뒤 적재함 모서리 부분으로 들이받았고, 그 충격으로 K5 승용차가 옆으로 튕겨나가면서 조수석 뒤 휀다 부분으로 그 우측에 주차되어 있던 피해자 E(56세)의 F 베라크루즈 승용차 운전석 뒤 휀다 부분을 부딪치게 하였다.

Ultimately, the Defendant damaged the above KS5 vehicle by negligence in the course of performing the above duties so that it would amount to KRW 2,955,918 of the repair cost, respectively, to the amount equivalent to KRW 603,748 of the repair cost.

Nevertheless, the defendant immediately stopped and did not take necessary measures such as ascertaining the situation of the accident, and proceeded more than 350 meters on the road in the same apartment, and parked the vehicle of the defendant and escaped.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report;

1. Application of each written estimate statutes;

1. Relevant provisions of Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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