(영문) 의정부지방법원 2015.11.23.선고 2015고정1519 판결

The defendant shall be punished by a fine of two million won. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

The defendant shall be ordered to pay the amount equivalent to the above fine.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a ○○-ho car.

Around 02:00 on March 1, 2015, the Defendant driven the said car and proceeded with one lane in front of ○○○ High School at the ○○ High School. At the same time, it was not easy to secure the view at night, and the ○○○○-ho Cargo Cargo was in parking on the road, which is the victim B, and in such a case, the Defendant had a duty of care to safely operate the said car by properly operating the evis and the steering gear.

Nevertheless, the Defendant neglected this and received the left back portion of the said cargo vehicle from the Defendant’s negligence in front of the Defendant’s passenger vehicle at the right side of the vehicle. Accordingly, the Defendant destroyed the said cargo vehicle to be repaired by KRW 451,361, such as the exchange, etc., of the Linmp Panel due to the occupational negligence and escaped without any measure, thereby causing traffic trouble, such as fugitives are scattered on the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and estimates;

1. On-site photographs (not more than 11 pages of investigation records);

Application of Statutes

1. Article applicable to criminal facts;

Articles 148 and 54(1) of the Road Traffic Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act