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(영문) 대구지방법원 경주지원 2013.11.12 2013고정225

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a third party vehicle.

On April 9, 2013, the Defendant driven the above vehicle at around 19:20 on April 19, 2013, and driven the front road of the bus stop at the Yecheon-Eup, Yecheon-si, Yecheon-si.

At the same time, the vehicle driving duty was carried out at night. In such a case, the defendant, who is engaged in the vehicle driving duty, has a duty of care to live well in the front left and prevent the accident in advance by safe speed and method.

Nevertheless, in order to avoid a collision, the defendant neglected this and operated the bus stops by a sudden operation of hand to the left-hand side in order to avoid a collision, and conflict with the wall of the bus stops in front of the left-hand side of the vehicle.

The Defendant, due to the foregoing occupational negligence, destroyed property equivalent to KRW 1,234,820,00 for repairing the wall of a bus stop, but failed to immediately stop and take necessary measures, such as preventing traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting a crime;

1. Articles 70 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;