beta
(영문) 의정부지방법원 2020.09.14 2020고단3471

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 vehicle B K7.

On May 25, 2020, the Defendant driven the above car at around 03:35, and led to the intersection of the three-lanes in front of the city of Speaker to go straight along the two-lanes between Seoul and the west of the city of Speaker.

At the time of night, a person engaged in driving service has a duty of care to take into account the traffic situation on the front side and right side, and to safely drive the vehicle in a safe manner.

Nevertheless, the Defendant neglected this and proceeded a two-lane while driving in a two-lane, and due to the negligence of the Defendant’s failure, the Defendant was driven by the victim D (Nam, 67 years old) who stops at a two-lane in the direction of the running of the Defendant, with the left side of the Eststuna taxi, and received the said K7 vehicle’s right side and side part.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the repair cost of approximately KRW 140,00,00, such as the exchange of rocketing taxi exchange, and did not immediately stop and check the situation of damage, and escaped without taking necessary measures.

Summary of Evidence

1. On-site photographs of the on-site survey report of the defendant's legal statement, photographs of the damaged vehicle, photographs of the victimized vehicle;

1. Application of the written estimate statutes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the contents and progress of the instant case, the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc., of the Defendant, and the various conditions for sentencing as shown in the records and pleadings of the instant case, and the previous sentence of the prosecutor, shall be determined as per the order, comprehensively taking into account the following factors: