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(영문) 부산지방법원 동부지원 2016.07.07 2016고단113

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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

Reasons

Punishment of the crime

피고인은 D 트랙터를 운전하는 사람으로서, 2015. 9. 21 12:50 경 위 트랙터를 운전하여 동서 고가도로 끝 지점을 동서 고가도로 방면에서 신선 대부 두 방면으로 편도 2 차로 중 2 차로를 따라 진행하던 중, 진행 방면 앞쪽에 떨어져 있던 쇳덩어리를 피하려 다가 미처 피하지 못하여 이로 인해 쇳덩어리가 도로에서 튕겨 위 트랙터 옆 부분의 연료탱크를 쳐 연료탱크에서 기름이 유출되었다.

In such a case, the driver of a motor vehicle has a duty of care to take active measures, such as blocking the leakage hole by goods on the motor vehicle or his clothes, etc. after stopping oil leaked in an appropriate place so that oil does not flow into a lane so that the motor vehicle does not cause any accident due to that oil flows into the lane on the motor vehicle, and when it is impossible to prevent leakage due to the lack of oil, he/she has a duty of care to take necessary measures, such as walking or blocking oil leaked by using clothes, other goods, etc., while making a report to the police station or the competent administrative agency, so that he/she can promptly take necessary measures by making a report thereon.

Nevertheless, the Defendant neglected this and failed to stop on the 15-do Scenic Road A, thereby allowing the flow of the leaked oil into the lane, and in order to prevent the outflow hole by making use of PPs, the Defendant’s report that the leaked oil flows into the lane after easily abandoning it, but did not take necessary measures, such as communicating with other drivers, failing to take active measures, and failing to report it to the police station or the competent authority, etc. on the opposite direction. The Defendant’s negligence, which neglected to keep the oil from the opposite direction, is the same higher level on the west side of the new wharf.