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(영문) 대구지방법원 상주지원 2019.11.29 2019고정921

도로교통법위반(사고후미조치)

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

Where the defendant does not pay the above fine, only 10 days shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a passenger car in the United States of America.

On August 24, 2019, the Defendant was permanently living in C at around 02:30. On August 24, 2019, the front road was in the direction of E apartment at the side of the public health clinic.

At this point, it was a seven-lane road (four-lane in progress and three-lane in opposite direction) in which a central separation cost is installed, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly examining the direction, direction, and right and right side of the motor vehicle according to road conditions and by safely driving the motor vehicle.

Nevertheless, the defendant neglected to do so, and found the central separation zone installed on the left side of the right-hand side of the marina course course due to the negligence of proceeding without examining the front side, and took action of brakes. However, the defendant did not avoid the collision and did not conflict with the center separation zone at the left-hand side of the front-hand part of the defendant's vehicle, and parked the vehicle on which the defendant was aboard the front road 150 meters away from the accident place.

Ultimately, the Defendant caused physical damage equivalent to approximately KRW 2,383,00 of the cost of repair by destroying the central separation zone owned by the permanent parking market due to the above occupational negligence, leaving the site without leaving the central separation zone as it is on the road. On the other hand, the Defendant parked a vehicle on a road 150 meters away from the site of the accident and escaped without taking measures to remove the danger and impairment of road traffic.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting an offense (the point of not taking measures after an accident);

1. Selection of an alternative fine for punishment;

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

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