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(영문) 전주지방법원 군산지원 2017.11.29 2017고정313

도로교통법위반(사고후미조치)등

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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

1. The Defendant is a person who is engaged in driving a car in the C SP area.

On June 14, 2017, the Defendant driven the above car at around 05:10, and driven the front road of the Do in the next city in the direction of the Jasan-si, along the shooting distance of the Gasan-si, one-lane between the two-lanes of the Gasan-si.

In this case, the defendant engaged in driving service has a duty of care to prevent accidents by accurately operating the steering gear and steering the steering gear.

Nevertheless, the defendant neglected to do so and thereby received a central separation zone installed at the center of the road in the direction of the defendant's driving direction as the front part of the motor vehicle operated by the defendant.

Ultimately, the Defendant did not take necessary measures as an accident driver even though he damages the above central separation unit to cover repair costs of approximately KRW 1,116,188 due to occupational negligence.

2. On the day specified in paragraph 1, the Defendant was driving a C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a photo at the scene of an accident, and on-site photographs (a photograph of destruction by central separation unit);

1. Report on the results of regulating the driving of drinking alcohol and a circumstantial statement;

1. A report on investigation;

1. Application of the written estimate statutes;

1. Relevant provisions of Articles 148, 54(1) (a) of the Road Traffic Act concerning facts constituting an offense, and Articles 148, 54(2)2, and 44(1) (a) of the Road Traffic Act, and the choice of fines for each offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;