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(영문) 부산지방법원 동부지원 2015.07.23 2015고정408

도로교통법위반(사고후미조치)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 22:10 on October 15, 2014, the Defendant driving a CDap Motor Vehicle, which led to the departure of the E-cafeteria parking lot located in Busan Shipping Daegu D.

In such cases, the driver of the vehicle has a duty of care to safely drive the vehicle in order to live well before and after the vehicle and prevent the traffic accident.

Defendant neglected his duty to drive safely and has been left behind by violating his duty to drive safely.

Ein, the victim F(G/K) owner of the vehicle(G/K) owned by the victim F(G/K) who was parked on the rear side of the Defendant’s vehicle was shocked by the backer of the Defendant’s vehicle.

Although the defendant's above negligence caused damage to the damaged vehicle to a total amount of KRW 2,475,902, the defendant immediately stopped the damaged vehicle without necessary measures such as checking damage caused by stopping or reporting to the police, etc.

Summary of Evidence

1. Each police statement made to F and H;

1. A traffic accident report;

1. Photographs of the damaged vehicle, and photograph of the vehicle (C);

1. Application of the written estimate statutes;

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 for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that since the defendant was unaware of the defendant's act of shocking the victim's vehicle due to his driving, it cannot be deemed that there was any criminal intent of escape.

그러나 이 법원이 적법하게 채택하여 조사한 증거들에 의하면, 피고인이 차량을 후진하여 피해자의 차량을 충격할 당시에 ‘쿵’하는 소리가 났고, 위 두 차량에는 사고의 발생을 확인할 수 있을 정도의 흔적이 남은 사실, 위 충격 당시 피해자와 그 주변 사람들이 큰 소리를 내어 피고인에게 사고의 발생을 알린 사실, 피해자가 피고인의 차량이 향하는...