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(영문) 창원지방법원 통영지원 2018.03.23 2017고단1920

도로교통법위반(사고후미조치)

Text

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 the operation of Cstststa taxi.

On June 26, 2017, the Defendant changed the two-lanes to the two-lanes in front of the ancient water cooperative, which is located in the ancient city at the ancient city, by driving the above taxi at around 06:50 on June 26, 2017, into the two-lanes in order to make a right-hand way while driving along the two-lane from the terminal side of the cross-city bus to the upper east.

당시 위 2 차로를 따라 진행하는 차량이 있었으므로 이러한 경우 자동차의 운전업무에 종사하는 사람에게는 전방 및 좌우를 잘 살피고 미리 차로 변경을 하려는 쪽으로 방향 지시 등을 켠 후 조향 및 제동장치를 정확히 조작하여 사고를 미연에 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant did not neglect this and did not turn the direction, but was driven by the victim D (Woo 28 years old) by negligence that caused a sudden change in the lane in order to make a right-hand way to the intersection immediately before the intersection.

E The back side of the left-hand side of the EM car and the pentel part were received as the front side of the vehicle driven by the Defendant.

Ultimately, the Defendant, by occupational negligence, escaped from the scene without necessary measures, such as immediately stopping and checking damage, even though he was involved in an accident that causes damage to KRW 571,096 of the repair cost of the vehicle owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A survey report on actual condition and a comprehensive traffic accident analysis report;

1. Application of the Acts and subordinate statutes of each traffic accident-related photograph and written estimate for repair;

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

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

1. The Defendant’s vehicle for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was affiliated with the taxi mutual aid association and agreed with the victim, and other Defendant’s person.