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(영문) 서울중앙지방법원 2015.09.15 2015고정2830
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B with a color-to-purd motor vehicle.

On May 29, 2015, at around 11:28, the Defendant driven the above vehicle on the front of Gwanak-gu in Seoul Special Metropolitan City, and proceeded into the two lanes between the two lanes in the direction of drick distance in the new pest control room, and changed the course into one lane.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by examining the right and the left and changing the course.

Nevertheless, the Defendant neglected this and went back to the right edge of G-Wood vehicle owned by the victim F, which was parked on the alleyway and proceeded in the same direction by the victim D(33 years old), and did not immediately stop the vehicle to the victim D so that repair costs equivalent to 243,000 won in front of the left edge of the vehicle of the defendant, and did not take necessary measures and immediately stop the vehicle to the victim D so that repair costs in excess of 243,000 won in front of the left edge of the vehicle of the defendant, and escaped to the right edge, while the defendant escaped to the right edge of the vehicle of G-Wood vehicle owned by the victim F, which was parked on the alleyway, was shocked to the right side part of the vehicle of the defendant and escaped to the victim F without taking necessary measures, so that the victim F can repair costs equivalent to 100,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Written estimates, CCTV-capes, analysis photographs, and unmanned control photographs;

1. Application of each Act and subordinate statutes governing vehicle photographs;

1. Relevant provisions of the Road Traffic Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the selection of punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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