(영문) 대구지방법원 2017.10.20 2017고정1670

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(영문) 대구지방법원 2017.10.20 2017고정1670

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is also a person engaging in driving a freight vehicle.

On July 24, 2017, the Defendant: (a) operated the said cargo vehicle on a around 18:40, and runs along four lanes from the direction of the Yongsan-gu, Daegu-gu, the Defendant was making a stop on the side of the “three-lane”, and (b) the victim D ( South, 33 years old) who was under a stop in order to make a right-hand line in the direction of the “near announcement”. The Defendant was driving on the said cargo vehicle.

E has come back to the right side of the vehicle and made the right side of the vehicle.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to take the front, rear and left well and to accurately and safely proceed with the steering and operation of the motor vehicle, the defendant was negligent in doing so and the defendant was faced with the right side part of the damaged vehicle due to the difference between the left side of the cargo vehicle driven by the defendant due to negligence.

Ultimately, the Defendant destroyed the right-hand part of the damaged vehicle so that approximately KRW 1.50,00 of the repair cost can be reduced by occupational negligence as above, but did not immediately stop and take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of an accident vehicle, and an investigation report (limited to attachment of a estimate for the damaged vehicle);

1. Application of the Acts and subordinate statutes concerning the photographic image of black stuffs;

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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