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(영문) 대구지방법원 김천지원 2017.02.14 2017고정9

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ice car.

On November 5, 2016, 02:45 around 02:45, the Defendant moved 25 national highways to the Dog Dog Dog Dog Dog Dog-do, which was permanently stationed on the ground of the Dog Do road.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering and brake system and prevent accidents by properly operating the steering and steering system.

Nevertheless, the Defendant neglected to do so and proceeded with it and received the left-hand side of Ddong 40 feet No. 40 feet and F-dong No. 40 feet left-hand side parked by C with the front right-hand side of the Defendant’s car as it was left-hand side of Ddong 40 feet which was parked by E.

The Defendant did not immediately take necessary measures as a driver in order to ensure smooth traffic flow after destroying the non-property of the damaged vehicle's repair cost due to such occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, photographs, on-site photographs, actual condition survey reports, and photographs;

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The argument that the defendant did not immediately take any follow-up measures due to the accident at the time of the accident in this case, and that there was no intention to commit the crime in this case, and that he could be punished if he left the site without taking any measures, the defendant's act should be excluded from illegality.

2. Determination

A. We examine whether the formation requirement is met, and the degree of shock of the instant accident and immediately after the accident is confirmed by the evidence of the judgment.