beta
(영문) 대구지방법원 김천지원 2016.09.20 2016고정300

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 bus fX120.

On October 20, 2015, the Defendant driven the above bus around 22:40 on October 20, 2015, and proceeded with the four-lane road of 173.4km from the Busan Fung-si, Busan Fung-si, Busan, at the Busan Fung-si, along the two-lanes from the Seoul Fung-si to the Busan Fung-si, and changed the two-lanes to the three-lane.

In this case, the driver has a duty of care to prevent accidents by safely changing the vehicle line through the safe consideration of the traffic situation before and after the driving of the motor vehicle.

Nevertheless, the Defendant neglected this and changed the lane into three lanes as it was, caused the victim E driving 14 tons of the F treatment 14 tons of the victim E driving, which was driven along the three lanes to the right side of the bus, and caused by the shocking of the said bus to have four-lanes of the above stable truck, which was driven in the four-lanes of the above bus, and led to the left side side of the H Sknife of the victim G driving, which was driven in the four-lanes of the above stable car and the truck on the right side side side of the vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the 147,400 won of the repair cost, and parked without taking necessary measures by stopping the Track to get the 8,566,250 won of the repair cost.

Summary of Evidence

1. Legal statement of witness E;

1. G statements;

1. A prosecutorial investigation report (to hear the statements of the bus (I and D) at the time and to hear the passenger K statements on the bus in the situation at the time of the accident);

1. Police internal investigation report;

1. The actual survey report and photographs, and response to a request for appraisal;

1. Application of each written estimate statutes;

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

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion;