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(영문) 서울서부지방법원 2014.08.14 2014고정790
도로교통법위반(사고후미조치)등
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 drives a passenger car owned by the luminous rental car company. A.

On May 11, 2013, the Defendant was driving the above car volume around 04:0 and proceeded to the speed at the speed of the Si and the Si according to five lanes in the direction of the Dongjak-gu Seoul, Yongsan-gu, Seoul, the 347 river from the distribution intersection.

In such cases, a driver has a duty of care to prevent accidents in advance by safely driving the front left and right well.

Nevertheless, the defendant's negligence of violating the duty of safe driving such as driving, which conflict with the outer wall of the new Dong shopping building in the front direction of the course, in front of the vehicle operated by the defendant.

The Defendant, by its occupational negligence, destroyed property equivalent to approximately KRW 1,830,000 of the repair cost of stone in a new East Asian shopping building and did not take measures at the time of the occurrence of a traffic accident to prevent danger on the road, and escaped as they were without leaving the vehicle in the accident site.

B. The Defendant is a general traffic obstruction.

In causing such traffic accidents as mentioned in the same paragraph, the location of the accident was one-lane road to enter the direction of the movement into the river from the west and west and west-dong, and it was known that the traffic of other vehicles behind the same direction is not entirely available on the road when leaving the vehicle on the road, leaving the vehicle as they are, and leaving the site, thereby hindering the traffic of approximately one-hour area.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to the accident vehicle and field photography;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act, Article 185 of the Criminal Act, the selection of fines, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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