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(영문) 의정부지방법원 2020.11.05 2020고정1301

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On July 14, 2020, the Defendant driven the said car at a low speed on July 14, 2020, and driven the front road C at the two weeks, at the same bridged by the government at the bridged side of the two weeks, along the four lanes between the two lanes.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle according to road traffic conditions.

Nevertheless, the Defendant neglected to do so and neglected the duty of safe driving such as the duty of a prior watch, etc., and neglected to do so, received the road boundary stone in the right direction of marina course as the part of the Defendant’s vehicle front right direction.

Ultimately, the Defendant, by such occupational negligence, destroyed the repair cost of KRW 200,000 to move off to the road boundary seat, thereby causing danger and obstacle to traffic, but failed to take necessary measures immediately and escaped without leaving the said car alone.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the occurrence of a traffic accident;

1. An accident site photograph;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements by public officials in charge of viewing and listening);

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good in light of its circumstances and contents, and the obligation to take measures when a traffic accident as provided by Article 54(1) of the Road Traffic Act occurs due to a vehicle left on the road due to the vehicle left on the road regardless of whether the traffic danger and obstacle are caused by the driver's own vehicle, or by the damaged other person's goods.