beta
(영문) 의정부지방법원 고양지원 2018.10.16 2018고단1845

도로교통법위반(사고후미조치)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B-II cargo vehicles.

On June 18, 2018, the Defendant driven the above cargo vehicle around 17:58, and changed the lane into one lane while driving the wall system in front of the wall system that is located in Gyeyang-gu's identity at Yangyang-gu, Seoyang-gu, Seoul, along the two lanes, at a speed of about 60 km in the speed of Si-speed, depending on the two lanes from Seoul.

Since there are other vehicles on a one-lane, the driver of the motor vehicle has a duty of care to confirm the front, rear, left, and right of the motor vehicle, to accurately operate the steering and operating the steering system, to confirm the safety of course, and to change the lane.

Nevertheless, the Defendant neglected this and changed the lane to the left side of the D concrete mixing truck driven by the victim C (64 ) who was running along one lane due to the negligence of changing the lane. However, the Defendant shocked the front part of the D concrete mixing truck to the left side of the said Poter II truck.

The Defendant, by negligence in the course of performing the above duties, destroyed the above concrete mixing truck to cover repair costs equivalent to KRW 1,373,251, but did not immediately stop and run away without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual investigation report on traffic accidents;

1. Application of the Acts and subordinate statutes to photograph damaged vehicles by cutting booms and video images;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment for an offense, and the choice of punishment for an offense ( considered of the history of punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;