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(영문) 서울중앙지방법원 2013.09.24 2013고정2412

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a CAridi A7 car on duty.

On January 1, 2013, the Defendant driven the above car at around 07:00, and was proceeding the front road of 175-8, Gangnam-gu, Seoul, Chungcheongnam-gu, Seoul, in the direction of fireworks and breast-do at the right side of dry field.

In this case, a person engaged in driving a motor vehicle has a duty of care to reduce speed, properly handle the steering direction and brakes, and prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so and went through as they were, and instead, got the victim D (year 53) owned by the victim who was parked on the right side of the road as he was parked on the front side of the road, and then got the front-hand part of the vehicle by the Defendant’s vehicle front-hand part of the vehicle, and then became up to the front-hand side of the road due to the shock.

The Defendant, by such occupational negligence, destroyed the property that requires approximately KRW 632,00,00 of the repair cost to the utility pole, which is the owner of the case, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. The photograph and estimate of damage caused by the telegraph;

1. An accident site photograph and a photograph of each accident vehicle;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. Determination on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. At the time of the argument, the Defendant: (a) the instant traffic accident occurred while the Defendant’s vehicle turns off the snowway; and (b) the instant traffic accident, shocking the Costex and cutting the telegraph, but that wave on the road where the vehicle passes.