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(영문) 의정부지방법원 고양지원 2020.06.26 2020고정292

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 B-Wood vehicle.

On January 16, 2020, the defendant, around 05:55, came to turn to the left at the seat of C Hospital at the sealed 739 U.S., Seocheon-gu, Goyang-si.

Since the location has a traffic signal apparatus, a person engaged in driving service has a duty of care to prevent accidents by driving safely according to the direction of the traffic signal apparatus.

Nevertheless, when the defendant enters the above intersection and turn to the left without violating the signal even though the green signal, etc. was occupied by the traffic signal apparatus, the defendant was driven by the victim D, who driven directly above the left-hand side of the freight Ⅱ driven by the traffic signal apparatus in accordance with the direction of the traffic signal apparatus in the direction of the defendant's running.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the 2,625,016 Won at the repair cost of the cargo Ⅱ, and did not immediately stop and take necessary measures, such as checking the situation of damage, and escaped.

Summary of Evidence

1. The investigation report on the actual condition of a traffic accident in a written statement of the police concerning the defendant's legal statement D (simplified traffic) and the report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the circumstances and contents of the crime committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s liability for the crime is not somewhat weak.

However, the circumstances favorable to the defendant include the statement that the defendant approved the facts charged, the first offender, the first agreement with the victim, the commitment of organ donation, and the intention to contribute to society.