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(영문) 창원지방법원 2017.06.15 2017고정434
도로교통법위반(사고후미조치)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving a taxi for business purpose B K5.

On February 16, 2017, the Defendant driven the above vehicle at around 22:20, the Defendant changed the course from the right edge of the road to the intersection to the intersection, in order to drive the private-distance intersection without two-lane signal prior to C in front of the window in Changwon-si, toward the apartment side from the right edge of the commercial building.

In this case, the driver of a motor vehicle has a duty of care to accurately verify the passage of the motor vehicle on the lane that the driver of the motor vehicle intends to change prior to the change of the lane and prevent the accident by entering the lane.

Nevertheless, the defendant neglected to do so and tried to find out the damaged radioactive disaster, which was moving to the course of the Eth 100 Oral Sea of the victim D ( South, 26 years old) who was driving in the first lane, without checking the status of the Eth 100 Oral Sea, and immediately stop to avoid shock.

Therefore, in order to avoid shock, the victim was broomed, and brooms became the center of brooms and exceeded the road floor.

As a result, the Defendant, due to the above occupational negligence, destroyed the property equivalent to KRW 550,00,00 of the repair cost, such as the “Tauri Exchange”, and escaped without any measure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Written estimate;

1. Application of accident scene and vehicle photographs-related Acts and subordinate statutes;

1. Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant reflects his mistake, the defendant agreed to pay repair cost to the owner of Orala, the traffic accident in this case is an unfolding accident, and so far.

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