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(영문) 서울중앙지방법원 2013.10.11 2013고정4168

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 700,000.

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 driving of Poter Cargo Vehicles B.

On June 6, 2013, the Defendant driven the above vehicle at around 14:05, while driving the said vehicle, and driving the 3-lane 230-1 road from the 4-lane intersection road in Jung-gu, Seoul to the 3-lane intersection road in the direction of the 3-lane intersection, along the two-lanes in the direction of the 3-lane intersection, and parked on the right-hand three-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving a motor vehicle safely, such as taking the front side and the left side well, etc.

Nevertheless, the defendant neglected to park as it is, and then parked behind the victim C, who was parked behind the vehicle, and the front part of the D Freight Vehicle driven by the victim C, was shocked by the back side of the vehicle driven by the defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the property to have approximately KRW 990,000 of the repair cost on the damaged vehicle, and escaped without immediately stopping the property and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C;

1. Statement of the actual survey report;

1. Application of the video Acts and subordinate statutes to images of damaged vehicles;

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 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;