(영문) 대전지방법원 천안지원 2014.05.02 2014고정12

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(영문) 대전지방법원 천안지원 2014.05.02 2014고정12

도로교통법위반(사고후미조치)등

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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 driver of a vehicle in the vehicle B.

1. On May 23, 2013, the Defendant, at around 15:40, driven the above vehicle and proceeded at a speed of 20 kilometers a speed of 20 kilometers a speed of 341 kilometers a four-lane a speed of 341 kilometers a speed of 4 kilometers a speed of 341 kilometers a speed of 4 kilometers a speed of 20 kilometers a speed of city along the Seoul direction from Busan.

Since it is an expressway and the vehicle is a dead body, a person engaged in driving of a motor vehicle has a duty of care to ensure and proceed with a safe distance that can be avoided if the vehicle stops well and the front vehicle stops.

Nevertheless, due to negligence of neglecting this, if the defendant's driving as the front part of the trucked vehicle C (the 47-year-old driver), which was driven by the defendant, received the back part of the trucked vehicle and damaged the property so that the amount of KRW 500,000 of the repair cost would be equal to the 500,000,000 of the repair cost, the defendant escaped without any action.

2. Around 15:40 on May 23, 2013, the Defendant driven the said vehicle without a vehicle driver’s license, at a distance of about 350 km from the front day of the mother line on the trade name and micro-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seoul to the road at a point of 341km on the west-dong, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. The actual condition of traffic accidents;

1. On-site reporting, reporting on results of fingerprinting at the scene of the crime, fingerprinting, reply, and reporting on requests for appraisal;

1. Registers of driver's licenses (record No. 68 pages);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act, the choice of fines, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of fines;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.

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