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(영문) 서울중앙지방법원 2014.07.24 2014고정3293

도로교통법위반(사고후미조치)등

Text

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

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

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving BMW car.

On May 16, 2014, the Defendant driven the above vehicle at around 22:20 on May 16, 2014, and proceeded with the one-way way of approximately 3.2 meters in front of the beer hotel in Gangnam-gu Seoul, Gangnam-gu, Seoul, with a one-way way of approximately 677-34 meters in front of the beer hotel.

Since the place was marked as a sign to prohibit entry and one-way traffic, there was a duty of care to drive a person engaged in driving of a motor vehicle as indicated on the sign.

Nevertheless, the Defendant neglected this and neglected to enter the right-hand side of the victim C (the 31-year-old driver) who was parked on the right-hand side of the victim C(the 31-year-old driver) in violation of this, thereby causing injury to the victim, such as salt, tension, etc. of the vertW car, which requires approximately two weeks of treatment, and escaped without any necessary measures, such as providing relief to the victim, by immediately stopping the damaged vehicle, even though it was destroyed to have an amount equivalent to KRW 1,140,438 of repair cost, such as pentp, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. Photographs or damaged photographs of the vehicle;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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