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(영문) 인천지방법원 2016.09.30 2016고정1605

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 engaged in driving CM5 vehicles.

On January 14, 2015, the Defendant driving the above vehicle at around 19:54, and driving the first lane of the three-lanes in Incheon Jung-gu, Incheon Jung-gu, E, at the speed of 50 to 60km from the long distance protection area to the long distance of the Dowon, and, at the same time, had the victim F, driving in the same protection area according to the G rocketing vehicle driven by the same victim F. In such a case, the Defendant had a duty of care to safely proceed by accurately operating the steering and steering gear.

Nevertheless, the Defendant got ahead of the Victim F, which was driven by the victim F, to the left side of the Gstststy taxi vehicle driving ahead of it, and then, in order to avoid an accident, the damaged vehicle changed its course to the two-lane in the direction of the damaged vehicle, and the damaged vehicle changed to the right-hand side while driving the two-lane to the right-hand even part, the victim H, who proceeded with the two-lanes, was placed in the top left side of the vehicle driven by the victim H.

Ultimately, the Defendant did not immediately stop the vehicle and abscond without taking such measures as immediately confirming the degree of damage, even though the Defendant, at the above occupational negligence, destroyed the strawer, etc. in an aggregate of KRW 596,902, and the above strawer, etc. of the repair cost, and the strawer, etc. of the above strawer in the above strawer vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with H (simplified traffic);

1. A report on the occurrence of a traffic accident or a report on the occurrence of a traffic accident;

1. A response to a request for appraisal (2016-H-2511);

1. Photographs;

1. Application of the Acts and subordinate statutes on black stuffs;

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;

1. The Criminal Procedure Act for the Costs of Litigation.