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(영문) 수원지방법원안양지원 2020.08.28 2020고정367

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a vehicle in B in the Gu.

On December 24, 2019, the Defendant driven the above vehicle at around 02:43 on December 24, 2019, and led the front road of the D Hospital C in the Si of Mapopo-si to the Gunpo-distance.

Since the location is divided into a roadway and a sidewalk, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as accurately operating the steering and brakes.

Nevertheless, the Defendant neglected to do so and received street trees, communications poles, etc. planted on the right side of the sidewalk by negligence in the course of business, and received them as the front part of the Defendant’s vehicle.

Ultimately, the Defendant damaged the above telecommunications carriers, etc. by negligence in the course of performing their duties so that they amounting to KRW 1,309,160, and due to the shock, the Defendant did not take necessary measures, such as removal of traffic obstacles, even though the Defendant’s vehicle stopped, and left the site without leaving the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The photograph list;

1. Application of the written estimate statutes;

1. Relevant provisions of the Road Traffic Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the selection of criminal facts;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 15 million won;

2. Although the Defendant asserts that a fine of KRW 8 million is excessive, considering the following circumstances: (a) the Defendant took advantage of the fact that the Defendant, with a vehicle, took a significant accident that conflicts with the roadside trees, the electric cable pole, or the steel pole, leaving the place without any justifiable reason; (b) the Defendant alleged that he was sleep in the house due to the difficulty of avoiding difficulties; (c) the Defendant slicked the Defendant’s handphone, and the police officer directly visited the Defendant’s house, but did not open the door.