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(영문) 대구지방법원 2015.01.16 2014고정2423

도로교통법위반(사고후미조치)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

On May 14, 2014, the Defendant driving the said car at around 08:15, and driving it on two lanes in four-lanes in front of the Taegu-gu Seoul East-dong, Taedo-gu, Taedo-dong, Taedo-dong, Taedo-gu, Taedo-dong, and, as a driver, shall accurately operate the steering system, brakes and other devices of the vehicle, and shall not drive it at such a speed or in such a manner as may inflict any danger and obstacle on others according to the traffic situation of the road and the structure and performance of the vehicle, and shall not drive it at such a speed or in such a manner as may cause any danger and obstacle to others, and shall report it well, and shall exercise the duty of care to prevent the accident due to the failure of the accident at the front week while neglecting it, the Defendant conflicts with the front portion of the Ei30 vehicle in front of the victim D (M, 47 years old) who was in the first line

Ultimately, the Defendant, by negligence in the course of performing the above duties, stopped immediately and escaped without taking necessary measures, even though the repair cost, such as the exchange of the victim’s passenger car flaters, was incidental to the amount equivalent to KRW 632,949.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Photographs of damaged vehicles and harming vehicles;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Written estimate for checking and maintaining motor vehicles;

1. Application of Acts and subordinate statutes to report internal accidents;

1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting a crime;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The defendant and his defense counsel's assertion as to Article 59 (1) of the Criminal Act (i.e., the initial crime, motive, means, consequence, etc. of the crime) and defense counsel of the suspended sentence asserts that the defendant did not recognize the occurrence of the accident itself at the time of the accident in this case, and that it cannot be viewed

Article 54 (1) of the Road Traffic Act shall be the traffic, such as driving of vehicles.