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(영문) 서울중앙지방법원 2018.04.11 2018고단753

도로교통법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On September 1, 2017, the Defendant was sentenced to four months of imprisonment for a violation of the Automobile Management Act at the Daejeon District Court on September 1, 2017, and the judgment became final and conclusive on September 13, 2017.

[Criminal facts]

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a vehicle BK9.

On July 5, 2017, the Defendant driving a car around 02:00, which led directly to a large distance from the direction of the new cancer elementary school in front of the Daegu-gu Seoul-dong Seoul-gu, and in such a case, the driver of a motor vehicle had a duty of care to operate the motor vehicle safely by accurately operating the front left and right and the steering system, prior to the direct operation of the motor vehicle.

Nevertheless, the defendant's negligence caused a traffic accident that conflicts with the front side of the front side of the vehicle for k9 passenger cars installed on the left side of the K9-way direction by negligence while driving the vehicle.

Therefore, the defendant damaged the property that requires the amount of 1,890,000 won of the repair cost due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unnecessary measures after accidents) did not take necessary measures even though the Defendant did not immediately stop and check the damage if the Defendant damaged the property equivalent to KRW 1,890,000 of the repair cost at the time and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. Application of Acts and subordinate statutes to a report on investigation (a written estimate attached);

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, the choice of punishment, and Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after an accident, the selection of fines);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act, which shall apply to aggravated concurrent crimes;

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