beta
(영문) 대전지방법원 천안지원 2018.10.04 2018고정538

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 of BGX trucks.

On April 15, 2018, the Defendant proceeded at a speed of not more than 20 km per hour depending on two lanes in the age of two lanes within the direction of 263 km in the 263 km of the mountain Highway.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, even though the Defendant neglected this and thereby, caused damage to the car from one lane to two lanes in front of the driver’s seat of the freight vehicle which he drives, the Defendant left the site without immediately stopping the vehicle and without taking necessary measures, such as checking whether there was damage, even though the repair cost was 5,495,340 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition of a traffic accident (including on-site photographs), and a map of the site;

1. Application of the written estimate for vehicles Ma1

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant case is deemed not to have been scattered on the instant road due to the instant accident. However, the place of the accident was inside the tunnel, while the Defendant immediately stopped and did not confirm whether there was any damage, the damage caused another traffic hazard and obstruction by the Defendant’s driving away from the Defendant.

In full view of these circumstances, the defendant's age and occupation, various sentencing conditions shown in the arguments in this case shall be determined as per the disposition.