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(영문) 광주지방법원 2016.02.04 2016고정6

도로교통법위반(사고후미조치)

Text

1. Defendant shall be punished by a fine of KRW 4,500,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On November 6, 2015, the Defendant driving the above vehicle around 00:20 on around November 6, 2015, and proceeding one-lane road in front of the D cafeteria in Gwangju Northern-gu, with the home flass room from the home flass room to the modern industrial shelter.

At the time, vehicles were parked on both sides of the above road, so in such a case, there was a duty of care to look at the front side well in the driver, and safely proceed with the operation of the vehicle by accurately manipulating the steering gear, etc., and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and parked on the left-hand side of the opposite lane E in F owned by the victim E, which was parked on the opposite left-hand side of the opposite lane, and the part of the HH in the victim G owned by the victim G was divided into the front-hand part of the driver’s seat of the Defendant’s vehicle.

Ultimately, the Defendant, by such occupational negligence, destroyed the car owned by the victim E in an amount equivalent to KRW 2,777,558,00,000,000 for repair cost, and escaped without taking necessary measures by immediately stopping the car owned by the victim G, while destroying the car in an amount equivalent to KRW 688,328,00,00 for repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes governing traffic accidents, such as a survey report on actual conditions, internal investigation reports (on-site search, etc.), written estimates, and photographs;

1. Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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;