beta
(영문) 창원지방법원 2019.08.13 2019고단1550

도로교통법위반(사고후미조치)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 24, 2019, at around 00:55, the Defendant driven a CAD car without obtaining a driver’s license in a section of about 10km from the front of his house located in Seongbuk-gu, Changsi-ro, Kimhae-ro, 148, Kimhae-ro, 28, to the road of the access road at the window of the extension of the road.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a CAD car.

On April 24, 2019, the Defendant driven the said car on April 24, 2019, while driving it at a speed of about 40 km in the direction of the Si-Cheong Underground Road from D, the access road to the Chang River from 148-ro, Kimhae-si, Kimhae-si, 148-ro, Kimhae-si.

At this point, there was a separate cost between the roads that enter the underground lane and the side roads, and the defendant engaged in the business of driving the motor vehicle had a duty of care to safely drive the motor vehicle by reducing speed and checking well the front left.

Nevertheless, the defendant neglected this and moved to the front part of the car, which is set up on the right side of the course due to the occupational negligence of driving the car.

Ultimately, the Defendant destroyed and damaged the road shock zone equivalent to KRW 2,761,000 at the market price due to the above occupational negligence, but did not take necessary measures immediately, and left the site without leaving the vehicle that was previously restored on the road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The General of Driver's Licenses (A);

1. Application of the Investigation Report (No. 18) Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines, and the selection of fines, respectively;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.