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(영문) 창원지방법원 2015.07.08 2015고단614

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 Bchip car.

On December 13, 2014, the Defendant driven the above car at around 15:15, and opened the door of the driver's seat on the front road located in Kimhae-si C.

In such cases, there was a duty of care to prevent accidents in advance by opening a door after checking safety, such as whether there is a vehicle that is being driven well by checking the right and the left and right of the driver.

Nevertheless, the Defendant neglected this and took part of the part before and after the driving of the victim E in the front and rear door of the FST5 car, which was driven by Coinsa in two lanes from the right side of the oil elementary school located in the aftermath of the aftermast by negligence, in the front and rear door of the driver car.

Ultimately, the Defendant did not take necessary measures, such as immediately stopping and checking the degree of damage, even though the Defendant, by such occupational negligence, destroyed the repair cost equivalent to KRW 2,572,385, such as the exchange of a free loan for the said SM5 car (e.g., the free loan).

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Statement of a person involved in a traffic accident;

1. Application of the Acts and subordinate statutes on traffic accident occurrence reports, photographs of damaged vehicles and estimates;

1. Relevant provisions of the Road Traffic Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the selection of criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act provides that when a person is killed or injured, or goods are destroyed or damaged (hereinafter referred to as "traffic accident") due to the traffic of a motor vehicle, the driver and other crew members of the motor vehicle shall immediately stop the motor vehicle and provide assistance to casualties, and Article 2 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents shall provide assistance to the victims of the motor vehicle. The term "traffic accident" means a person resulting from the traffic of the motor vehicle;