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(영문) 대구지방법원 김천지원 2017.09.05 2017고정312
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 a B-L car.

On March 1, 2017, the Defendant driven the above car at around 05:10, while driving it in Kimcheon-si, followed by three-lanes between the two-lanes to the traffic distance from the e-mail.

It is a road with a speed of 60 km per hour, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the restricted speed.

Nevertheless, due to the negligence that the Defendant neglected to keep the restricted speed more than about 35 km per hour, the Defendant got off the part of the victim C (22 ) who changed the normal course from the two-lane to the third-lane on the left side of the Roman running direction, which was driven by the Defendant, before the left side of the Defendant’s car, and then received the pedestrian signal, etc. installed on the right side of the front side while being pushed back in the future.

Ultimately, the Defendant, by occupational negligence above, did not take necessary measures, such as leaving the Defendant’s vehicle on the road as it is, thereby causing danger and obstacle to traffic, even if he damages the property to be in excess of KRW 3,270,000 for the repair cost, and moves the Defendant’s vehicle to a safe place, etc. on the road. However, the Defendant did not take necessary measures, such as leaving the Defendant’s vehicle on the road as it is, thereby leaving it on the road, causing danger and obstacle to traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

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

1. A report on internal investigation (a notice of the results of the analysis of a traffic accident) and a report on investigation (a attachment toCCTV images);

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

1. Article 148 and Article 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); and Article 148 and Article 54 of the same Act regarding criminal facts.

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