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(영문) 서울중앙지방법원 2016.10.19 2016고정637
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of one 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 drives a fluor vehicle in D.

On October 31, 2015, around 18:05, the Defendant is proceeding two lanes along the five-lane road in front of Yongsan-gu Seoul Metropolitan City, Yongsan-do along the intersection of the triangular road from the jurisdiction of the Seoul.

The course has changed.

In such cases, if a person engaged in driving service intends to change course and is likely to impede normal traffic of vehicles running in the direction of the change, he/she shall not change course, and has the duty of care to prevent accidents in advance by operating the direction light in advance.

Nevertheless, the defendant has changed the course to a single-lane, which is an exclusive bus road in order to make an illegal internship.

The part on the right side of the G Airport Lane bus driven by the victim F (F, South and 49 years old) who is driving one-lane in the same direction, conflicts with the front side of the vehicle driven by the defendant.

The Defendant, by such occupational negligence, destroyed the damaged vehicle to have approximately KRW 1,800,000 of the repair cost, and escaped without taking necessary measures, without taking necessary measures.

Even if the victim did not actually have a shock, it should be deemed that the traffic danger occurred to the extent that there is a possibility of shock, and whether the crime of violation of the Road Traffic Act (i.e., measures to be taken after an accident) depends on whether the victim was dead or not (see, e.g., Supreme Court Decision 2009Do11057, Feb. 25, 2010) depends on whether the crime of violation of the Road Traffic Act was established (see, e.g., Supreme Court Decision 2009Do1057, Feb. 25, 2010).

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