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(영문) 대전지방법원 2020.02.13 2019고정1132

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 Bsch Rexton car.

On July 19, 2019, the Defendant driven the above vehicle at a speed of 19:50, and driven the three-lane road in front of the Daejeon Dong-gu C building, Daejeon, at a speed of 4:0:0,000, along the first lane from the C building to D.

At the time, the two sides were inside the private-distance intersection where the lines are not opened, and at the same time, the vehicle traveling along the above intersection has a large view, so in such a case, the driver of the vehicle has a duty of care to reduce the speed and to safely drive the vehicle on the side while maintaining a sufficient distance from the vehicle driving on the side.

Nevertheless, the defendant neglected to do so and caused the second-lanes to the right side of the vehicle of the victim E (the 56-year-old driver) who was proceeding in the second-lanes by negligence outside the first-lanes.

Ultimately, the Defendant, by occupational negligence, destroyed the repair cost of KRW 400,000,00, such as the front driver repair of the vehicle in front of the truck and escaped without taking necessary measures, such as immediately stopping and checking the degree of damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning the actual status of traffic accidents, reports on internal investigation, and estimates;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are comprehensively considered in light of the following: (a) the Defendant reflects the instant crime; (b) the background and circumstances of the instant accident; and (c) the Defendant’s criminal records; and (d) the various sentencing conditions indicated in the pleadings of the instant