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(영문) 서울중앙지방법원 2014.10.16 2014고정4164
도로교통법위반(사고후미조치)
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

The defendant is engaged in the business of driving Bchip low-income cars.

When any goods are damaged by traffic, such as driving of any motor vehicle, the driver of such motor vehicle shall immediately stop the motor vehicle and take measures necessary to remove any danger and impediment to traffic.

On June 21, 2014, the Defendant driven the said car at a speed of approximately 60km per hour, according to one-lane (excluding the bus central lane) from the border3-distance to the intersection of the intersection in order to drive the Dwork, which is located in Dongjak-gu Seoul Metropolitan Government, at a speed of about 0km.

At the time, it was difficult to kn's view with a new wall, kn't cut off the surface, and the place was a bend road by rain, so in such a case, a person engaged in driving a motor vehicle has a duty of care to reduce speed and to safely drive the motor vehicle by properly examining the front and rear left well.

Nevertheless, the Defendant neglected this by negligence, caused the car broom to break down on the broom road, and destroyed the brooms which are installed on the road boundary beyond the central line, thereby damaging the above g,584,300 won for repairing the brooms due to its shock, and caused the damage to the lower part of the g,584,300 won for repairing the brooms, and the damaged oils, etc. were scattered on the road, but failed to immediately stop and take necessary measures to remove the traffic danger and obstacles, and went away without leaving the brooms on the road.

Summary of Evidence

1. Partial statement of the defendant;

1. A traffic accident report (1) (2);

1. A traffic accident occurrence report;

1. Investigation report (accident site conditions);

1. Written estimate;

1. Application of the Acts and subordinate statutes on black stuffs, video images, caps, accident vehicles, and field photographs;

1. Relevant provisions of the Road Traffic Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the selection of criminal facts;

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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