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(영문) 의정부지방법원 2020.07.23 2020고정246
도로교통법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage to the defendant's exercise of the defendant's right of defense, the phrases of the facts charged were partially revised.

The defendant is a person who drives a salary class III motor vehicle.

On February 16, 2019, the Defendant driven the above vehicle around 11:20 on the 16th 16th 20th 20th 1st 201, and led to the flow along three-lanes of the front line of the highway 32.9 km in Seoul, the outer cycle Highway 32.9 km in the front line of the highway, along the road from the front line of the national highways.

In such cases, drivers shall accurately operate the steering system, brakes, and other devices of their vehicles, and shall not drive them at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the roads and the structure and performance of their vehicles, and have the duty of care to prevent accidents by driving them in a safe manner by taking into account the traffic situation of the former and safely.

그럼에도 피고인은 이를 게을리한 채 졸음운전을 하다가 그대로 진행하여 진행방향 우측 길가에 있는 가로등을 들이받고 그 충격으로 위 차량에 실려 있던 유리지게가 뒤로 튕겨나가면서 2차로로 진행하던 피해자 C(28세) 운전의 D 액티언 자동차의 우측 펜더부분을 들이받게 하였다.

Accordingly, the Defendant damaged the 3,960,00 won of repair costs of street lamps owned by the Seoul Korea Highway Corporation due to the above occupational negligence, and damaged the 1,979,853 won of repair costs, such as pre-paid vehicle exchange, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Detailed statement of checking and maintaining automobiles;

1. C's statement on the occurrence of a traffic accident;

1. Application of the written estimate, etc. statutes;

1. Relevant provisions of Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The Criminal Act for the detention of a workhouse;

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