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(영문) 서울북부지방법원 2014.09.17 2014고정1817
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BK3 vehicle.

On April 30, 2014, the Defendant driven the above vehicle on April 30, 2010:35, and driven the side-way of the 87-lane 87-gil, Gangnam-gu, Seoul, with the speed from the right edge to the distance of mine history.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in a safe way.

Nevertheless, the Defendant neglected to do so and got off the left part of the D 130 car driven by the victim C, which was a negligent negligence, with the left part of the automobile of the Defendant.

Ultimately, even though the Defendant destroyed 637,921 won of the repair cost of the damaged vehicle due to the above occupational negligence and caused danger and impediment to traffic, the Defendant immediately stopped the vehicle and went away from the site without taking necessary measures.

2. The Defendant violated the Road Traffic Act at the time and time under the preceding paragraph, and at the place, damaged the Defendant to have approximately KRW 637,921 of the repairing cost for the said vehicle driven by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Written estimate;

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

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Article 151 of the Road Traffic Act, and the choice of fines;

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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