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(영문) 춘천지방법원 영월지원 2013.09.13 2013고단343
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

At around 23:20 on April 27, 2013, the Defendant driven the front road of the Hahn-dong, Changwon-gu, Gangwon-do, Changwon-gu, in a one-lane way from the Changdong-ri to the original road.

At night at the time and at the front of the defendant's driving, the victim C driver's D has reduced the speed in order to turn to the left, so the defendant, who followed the above, had a duty of care to prevent the accident in advance by accurately manipulating the front side and the right and the right and the right and the right and the right and the right and the right and the right and accurately.

Nevertheless, the Defendant did not properly see the front side, and the part on the front part of the cargo vehicle, which was the front part of the lower part of the cargo vehicle, received the part on the side of the lower part of the vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the said car so that the repair cost of KRW 2,870,526, such as exchange of back-settingers, etc., and escaped without taking necessary measures for preventing danger and smooth communication on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Written estimate;

1. Reports on the occurrence of traffic accidents;

1. Photographs;

1. Application of Acts and subordinate statutes to an investigation report (victim C telephone recording and summary of statement);

1. Relevant provisions of the Act on Criminal facts and Articles 148 and 54 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment of the accused by agreement with the accused; the accused is only one time before the crime of this case is committed; the same does not exist; and the cargo vehicle driven by the accused is covered by a comprehensive motor vehicle insurance);

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