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(영문) 울산지방법원 2013.12.20 2013고정1237

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight B.

On February 7, 2013, at around 21:15, the Defendant driven the above cargo vehicle and proceeded at a speed of about 60 km from the educationally East-do, Ulsan-si, the two-lane along the north-gu, Ulsan-si, the north-gu, the north-gu, the north-do, along the two-lanes from the educationally East-dong bank to the micro-dong bank.

At the time, night and its width is relatively narrow and narrow, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to reduce speed and accurately manipulate the steering gear in consideration of the width of the road and the width of the motor vehicle.

Nevertheless, the Defendant neglected this and caused damage to electric tracks, CCTV lines, etc. of the underground passage managed by the Construction Headquarters of Ulsan Metropolitan City, Ulsan Metropolitan City, and caused the damage to the road by the negligence of driving the said cargo in close vicinity to the wall of the underground passage, and caused the damage to the road. Accordingly, the victim C driver's D Alba-do car, the victim E driver's car, and the victim E driver's car EXE car are faced with the said wave.

Ultimately, the Defendant, by the above occupational negligence, destroyed the above-mentioned repair cost of an underground passage cable and other repair cost amounting to KRW 24,072,738, the aggregate of the repair cost of a car at Alhion, KRW 527,340, and KRW 347,057, and escaped without taking necessary measures to prevent and eliminate traffic danger.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A written statement of C, E, and H;

1. Photographs of a de facto survey report, on-site photograph, and CCTV images taken;

1. Application of written estimates and written statements of maintenance to the Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.