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(영문) 서울서부지방법원 2016.11.11 2016고정1258

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On June 20, 2016, the Defendant driven the above car on June 15:12, 2016, and led the front road of Mapo-gu Seoul to proceed along the two-lanes from the shooting distance of the upper water area to the shooting distance of the Gohap-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the steering system and brake system of the motor vehicle, such as accurately operating the steering system and brake system of the motor vehicle.

그럼에도 불구하고 피고인은 이를 게을리한 채 1차로에서 차를 멈추고 졸고 있다가, 피해자 D가 피고인의 승용차 앞에 피해자 소유의 E 봉고 트럭을 세우고 위 승용차의 창문을 두드리며 차를 출발하도록 요구하자, 좌측 중앙선을 넘어 진행하기 위하여 핸들을 꺽어 진행하다가 피해자의 봉고 트럭 좌측 뒤 모서리 부분을 피고인의 승용차 우측 앞 라이트 및 휀다 부분으로 들이받았다.

The Defendant, by negligence in the course of performing the above duties, destroyed the victim’s wing truck to have an amount equivalent to KRW 333,520,00 for repairing expenses, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles and photographs at accident sites;

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

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;