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(영문) 수원지방법원 안산지원 2020.04.10 2020고정66

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 a person who is engaged in driving a BM3 car.

On August 10, 2019, the Defendant driven the above vehicle at a speed of 01:30, while driving the vehicle at a speed of c and the front Do road at a speed of 1 lane in the direction of the king basin from D.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and there was a duty of care to ensure that the driver of a motor vehicle has a duty of care to safely report the traffic situation

Nevertheless, the Defendant neglected to do so and went away without taking any measure, even though the Central Separation Zone, which is set up on the left side of the running direction of the Defendant’s vehicle, was shocked in front of the driver’s seat and fences of the Defendant’s vehicle, so that the amount equivalent to KRW 33,00,00 of the repair cost would be equal to the front left side of the driver’s seat of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A witness's statement;

1. Damage to a survey report, on-site photograph, or vehicle;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Determination of a fine by taking into account the relevant legal provisions concerning criminal facts and Articles 148 and 54 (1) of the Road Traffic Act (the amount of fine shall be determined, taking into account the fact that the primary offender is the offender, the degree of damage is not significant, and the degree of risk caused by an accident seems to be gross) of the option of punishment and the fact that the damaged spread appears to have caused traffic obstruction on the road because of a distance from the road);

1. Articles 70 (1) 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;