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(영문) 대구지방법원 서부지원 2017.09.14 2017고정601

도로교통법위반(사고후미조치)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car by borrowing B.

On June 3, 2017, around 21:20, driving the said vehicle, and driving the way in front of the D cafeteria located in Daegu-gun C, Daegu-gu, along the speed of 1:30 to 40km of the road of the luxle Do on the right side of the lux Do in the direction of the lux Do.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed that may cause any danger and injury to others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, if the injured party E (34) parked on the right side of the proceeding with the failure to stop at the same speed, and the injured party E (34) gets a physical damage of KRW 761,572 in the repair cost, then the injured party E (34), who was parked on the right side of the proceeding, had to stop immediately and take necessary measures without any action.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written estimate;

1. Application of the Acts and subordinate statutes to report the occurrence of traffic accidents, survey reports on actual condition, field photographs, and internal investigation reports;

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

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;