(영문) 전주지방법원 2016.04.19 2014고정1158

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(영문) 전주지방법원 2016.04.19 2014고정1158

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a Cunst Pacific Cargo Vehicle.

On September 24, 2014, the Defendant driven the above cargo vehicle around 16:30 on September 24, 2014, and proceeded with the first line of the D Apartment-gu Seoul Metropolitan City apartment 103, the front line of the D apartment 103, the front line of the D apartment 103.

In such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and brakes while well living on the front side and the left side, and thereby safely operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and failed to drive the vehicle at the same time while driving the vehicle, thereby resulting in the Defendant’s failure to stop the vehicle at the opposite side of the E(62) driving, which was in the run of the vehicle, the upper part above the left side of the bareboat freight vehicle was received as the upper part above the left-hand side of the Defendant.

The Defendant, by negligence in the course of business as seen above, destroyed the truck to repair the truck amounting to KRW 320,980, and did not take necessary measures, and escaped without leaving the vehicle at the site as it is.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. E statements;

1. A traffic accident report (1) (2) (2) and a report on the occurrence of a traffic accident;

1. A criminal investigation report (related to on-site situations at the time a report is called);

1. Application of the Act and subordinate statutes to the site of the case, the cambling photographs of the damaged vehicles, and the cambling photographs of the vehicles;

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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