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(영문) 인천지방법원 2013.04.25 2013고정676

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of the Grandroth.

On November 5, 2012, the Defendant driven the above 08:50 on the 08:0 on the 5th day of November, 2012, and led to a two-lane road in the direction of Western in the direction of Western Incheon, Seocheon-gu, Incheon.

A person who is engaged in driving of a motor vehicle has a duty of care to change the vehicle line by operating a direction direction, etc. when changing the vehicle line and giving prior notice of the change of course and taking into account the traffic situation of the front and rear left.

Nevertheless, when the Defendant neglected this and changed the line to the left-hand side as it is, the Defendant left-hand side of the E-Poter 2, which was driven by the victim D (year 59) who was driving along the said one-lane road.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D, such as chills, tensions, etc. on the part of the victim F (50 years of age, female, etc.) who is in need of approximately two weeks of medical treatment, and at the same time, destroyed the above cargo to bring about KRW 373,120 of the repair cost, and escaped from the site without taking any measures, even though the Defendant destroyed the said cargo to bring about KRW 373,120 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property);

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 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;