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(영문) 인천지방법원 2016.08.25 2016고정1626

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 a D-port cargo vehicle.

On December 29, 2015, the Defendant driving the above cargo vehicle around 19:30 on December 29, 2015, and driving the three-lanes in front of the parking lot of the 61 cultural and art center in Nam-gu Incheon Metropolitan City at a speed that is impossible to know by two-lanes from the shooting distance of the Olympic Park, and changed the lane to one lane.

In this case, the driver has a duty of care to inform the person engaged in driving service of the direction change in advance by hand or direction, etc., and to prevent accidents by properly examining the traffic conditions before and after the change.

Nevertheless, the Defendant neglected this and failed to take account of whether there is a vehicle driving on a one-lane, and received a part of the driver’s seat of the freight driven by the Defendant, which is driven by the injured Party E (56) who is driving on a one-lane from the side of the Defendant bed.

Ultimately, the Defendant, by occupational negligence, destroyed the 786,958 Won to repair the 786,958 Won, but failed to immediately stop and take necessary measures, and escaped without taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Written estimate;

1. Application of taxi photographs and on-site photographs statutes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;