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(영문) 의정부지방법원 고양지원 2017.07.06 2017고정143

도로교통법위반(사고후미조치)

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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 a Crane car.

On August 4, 2016, at around 20:40, the Defendant driven a franchising car, and led the Defendant to proceed from the right edge of the road in front of the “E” located in the Dong-gu, Seoyang-gu, Seoyang-si.

In this case, a person engaged in driving service has a duty of care to safely drive in a manner that well sees the right and the left.

Nevertheless, the Defendant, by negligence while neglecting this, led to the following parts of the Victim F (53 tax) G Rasller’s car which was parked on the road due to the negligence of the Defendant’s negligence, shocked into the front part of the Kasller’s car, and thereby, led the victim H(53 years old)’s behind the Kasller’s car which was parked prior to the above Kasller’s car being pushed into the front part of the Kasller’s car.

Ultimately, the Defendant, due to the above occupational negligence, did not take necessary measures, such as immediately stopping and confirming the contents of the accident, even though he did not damage the property to the above SM3 car with the repair cost equivalent to KRW 770,962 on the above SM3 car, and escaped without leaving it away from the above area.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Reporting of a traffic accident (including photographs);

1. Written estimate;

1. Application of Acts and subordinate statutes to each investigation report (the No. 4,6,11 of the evidence list);

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;