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(영문) 대전지방법원 홍성지원 2016.10.13 2016고정126

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

The defendant is engaged in the duty of driving B car free car.

On January 31, 2016, at around 04:02, the Defendant proceeded at a speed of less than 60km from the direction of the KBS broadcasting station to the direction of the red elementary school to the direction of the KBS broadcasting station in the direction of the red elementary school.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to place the front door well and to prevent accidents in advance by driving the motor vehicle along the lane.

Nevertheless, the Defendant neglected to do so and neglected to do so, and is proceeding beyond the central line.

After the top direction of the DSS5 car owned by the victim C which was parked on the opposite lane, the part of the crime was shocked by the driver in front of the driver's seat of the defendant's vehicle, and due to the shock, the above damaged vehicle was pushed forward in the future and was parked in the front of the F new character car owned by the victim E.

As a result, the Defendant, by his occupational negligence, suffered damages equivalent to KRW 4,350,00 of the market price, and damages equivalent to KRW 380,00 of the market price on the F New CK car. While the Defendant’s vehicle stops while driving on the lane, the Defendant did not report to the police station or take necessary measures so as not to cause any traffic obstruction, and left the site without leaving it alone.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to field photographs, fit meetings, and written estimates;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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;