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(영문) 광주지방법원 2013.05.02 2013고정639
도로교통법위반(사고후미조치)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 04:30 on December 29, 2012, the Defendant proceeded at a speed of 30 km each hour by using three lanes from the new abuse distance protection area to the air protection area of Korean hospital.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system of the motor vehicle and driving the motor vehicle in a safe manner by checking the traffic situation.

Nevertheless, the defendant neglected to do so and proceeds in the same direction by negligence.

The C-taxer of the victim B(52 years of age) who stopped was placed in front of the Defendant’s vehicle.

Ultimately, the Defendant did not take necessary measures, even though he did not damage the damaged vehicle due to the above occupational negligence to the repair cost of KRW 441,196.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Written estimate;

1. Application of Acts and subordinate statutes to the initial action plan at the scene of a traffic accident and the actual survey report;

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 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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