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 is engaged in driving of the BLR car.
On August 17, 2017, the Defendant driven the above car on the 23:36th day of August, 2017, and proceeded the front road of the Chungcheongnam-nam Budget C in front of the new elementary school at the seat of the budget scenic hospital at the new elementary school.
There are reports in the direction of the defendant's car driving along the straight line of one lane, and there is a rail for protection on the sidewalk.
The defendant was a direct driving, and in such cases, the person engaged in driving duty has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and to safely drive the vehicle according to the traffic conditions of the road and the structure and performance of the vehicle, and to prevent the accident from occurring.
Nevertheless, due to the negligence of neglecting this, the victim's budget management rail installed on the sidewalk that goes off the road to the right side of the direction of the proceeding was received as the front part of the defendant's vehicle operation chief.
Accordingly, the Defendant did not take necessary measures by neglecting the protection rail and the car strike of the Defendant, which were caused by the above occupational negligence, to restore the protection rail from the above victim’s budget office, and the cost of KRW 2,340,000, and did not leave the site without neglecting the protection rail scattered on roads and news reports as they are.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident;
1. On-site photographs;
1. A report on internal investigation:
1. CCTV images to be cut;
1. Application of the written estimate to recover from a rail;
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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the primary crime for the order of provisional payment, and the degree of traffic impairment was not much likely. In addition, the Defendant’s age, sex, environment, motive or consequence of the crime, circumstances after the crime, etc. was committed.