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(영문) 대구지방법원 김천지원 2015.07.09 2015고정136

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B B B-S cruise car.

On October 13, 2014, the Defendant driven the above car at around 09:00 and proceeded directly with the two-lane road in the old city C in front of the D convenience point at the Jinsan-ro, a one-lane in the direction of the claim apartment.

At the time, there was an error in the issue of Fmera of the victim E driving by the Defendant in the driver's seat of the vehicle. In such a case, the driver of the vehicle had a duty of care to safely operate the steering room and the right and the right and the right and the right of the vehicle, and to prevent the accident in advance by operating the steering gear accurately.

Nevertheless, the defendant neglected to turn to the left without neglecting it and received the part of the engine part on the right side of the above vehicle, which is back to the left side of the vehicle, and made it over to the road.

Ultimately, even though the Defendant damaged the above Oral Ba, which is the victim’s possession by occupational negligence as above, by leaving the site as it is, did not take necessary measures for preventing danger and smooth communication on the road, by leaving the site.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol of the accused (including the statement part of E);

1. Statement of E;

1. Application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, on-site and the photographs of damaged soil and the actual condition survey report;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act, the choice of a fine (in light of the circumstances and details of the accident, response attitude of the counterpart driver, the circumstances leading up to the escape of the defendant, etc., where the confession of the crime and the appearance of reflecting the depth of the crime appears) concerning the crime;

1. Articles 70 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;