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(영문) 울산지방법원 2020.04.21 2020고정98
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of two 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 freight B.

At around 00:10 on September 13, 2019, the Defendant proceeded one lane from the two lanes in front of Ulsandong-gu C, Ulsan Metropolitan City at the speed of about 50 km per hour from the offside distance to the lowermost distance.

In such cases, all drivers of vehicles shall accurately operate the steering system, brakes, and other devices of vehicles, and have a duty of care not to drive vehicles at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of the vehicles.

Nevertheless, the Defendant, by his negligence, shocked the central separation zone owned by the Dong-gu, Ulsan Metropolitan City with the left part of the Defendant’s vehicle.

In the end, the Defendant left the site without immediately stopping the central separation zone due to breach of duty of care in the course of performing duties, and without taking necessary measures, such as checking the damage or removing fugitives.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes on site map and on-site photographs;

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

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