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(영문) 의정부지방법원 고양지원 2013.09.12 2013고정405

도로교통법위반(사고후미조치)

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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 15, 2012, at around 21:35, the Defendant: (a) had a collision between the following two-lanes on the right-hand side and the front left-hand side of the Eth Eth Ethz car driven by the victim D, driving along two-lanes in the same direction on the side of the Eth Eth Ethz car, driving along one-lanes from the street of the Ethz road near the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

As above, the Defendant, as a result of a traffic accident caused by a vehicle, escaped without taking necessary measures, such as immediately stopping and checking damage damage, etc., even though he/she damages the Ethmp car owned by D (W, 53 years old), the injured party, to ensure that there is approximately KRW 379,254, such as the left-hand exchange of the repair dog, etc.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Legal statement of witness D;

1. A traffic accident report;

1. On-site photographs;

1. Application of the written estimate statutes;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant did not have the intention to flee because the defendant's assertion that the traffic accident was not caused by the negligence of the defendant or his defense counsel, and the defendant did not stop immediately.

2. It is reasonable to interpret that the duty to take measures when a traffic accident occurs under Article 54 of the Road Traffic Act is imposed on the driver of the vehicle concerned who has caused the traffic accident, regardless of intention, negligence, loss or illegality;

(See Supreme Court Decision 2002Do6914 delivered on March 11, 2003). In full view of the above evidence, the defendant, while being aware of the traffic accident of this case, stops or stops rapidly.