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(영문) 서울중앙지방법원 2013.10.25 2012고정6310

도로교통법위반(사고후미조치)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a Cchip driver.

On April 28, 2012, around 23:20 on April 28, 2012, the Defendant, as the bankruptcy in front of 119-3, Chungcheongnam-gu, Gangnam-gu, Seoul, was moving to the direction of gallonian department store in the direction of gallonian department store, in accordance with four-lanes of Do-6-lanes of Do-6.

In such cases, the driver of any motor vehicle who intends to make a bypass a person engaged in driving a motor vehicle has the duty of care to safely drive the motor vehicle when there is another motor vehicle running through the intersection and prevent the accident by driving the motor vehicle safely.

Nevertheless, it was neglected to make a right-hand turn as it is.

As a result, the part of the Estyna taxi driver's seat in front of the driver's seat in the Estyna taxi operated by the victim D (the age of 43) who is holding five lanes in the same direction was shocked with the front part of the vehicle driven by the defendant.

When the Defendant damaged the property to take repair costs equivalent to KRW 566,150, such as the air pans, etc. of the above damaged vehicle due to occupational negligence, the Defendant immediately left the damaged vehicle and escaped without any on-site measures, even though he/she should take necessary measures such as checking the degree of damage of the damaged vehicle and the driver's injury.

Summary of Evidence

1. Statement made by the police on D;

1. Entry of the actual survey report on traffic accidents;

1. Statement of comprehensive traffic accident analysis report;

1. Written estimates and entries of a copy of the motor vehicle registration certificate (E);

1. Application of the Acts and subordinate statutes concerning vehicle photographs and field photographs;

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

1. Article 59(1) of the Criminal Act (limited to a suspended sentence: a fine of 700,000 won, detention in a workhouse: 50,000 won per day, and circumstances favorable to the reasons for sentencing as set forth below) of the suspended sentence, the defendant and his defense counsel do not have a duty to take necessary measures after an accident since they had no fault on the part of the defendant.