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(영문) 광주지방법원 2015.12.24 2015고정1750
도로교통법위반(사고후미조치)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

Around 22:05 on May 23, 2010, the Defendant driving the above cargo vehicle, and led to the progress of driving it at the D-Sari or parking lot located in Gwangju Northern-gu C.

Since there are many parked vehicles, in such cases, a person engaged in driving service had an assistant in advance and has a duty of care to safely check the right and the right of the latter.

Nevertheless, the Defendant neglected this and did not take necessary measures at the time of the occurrence of a traffic accident by taking the back part of the Ftoscar car parked by E on the rear side of the Defendant’s vehicle as part of the rear loaded part of the Defendant’s vehicle, thereby damaging the repair cost of approximately KRW 590,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning traffic accident reports, photographs of damaged vehicles and estimates;

1. Relevant legal provisions and Articles 148 and 54 (1) of the former Road Traffic Act (amended by Act No. 10382, Jul. 23, 2010) that select the punishment for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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