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(영문) 대구지방법원 2015.07.17 2015고정1197
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Mati and freight vehicle.

On March 15, 2015, the defendant, around 16:30 on March 15, 2015, led to the course of the tribu railroad crossing on the volcanic surface in Yongcheon-si.

In such a case, the driver of the vehicle has a duty of care to stop temporarily and safely pass through by examining the left and right of the vehicle, and when intending to get off the crossing or to cut off the crossing, there was a duty of care to not enter the crossing.

Nevertheless, in order to avoid a collision with a train, the Defendant got out of the transit of the said crossing, who was involved in the Defendant’s loading of the crossing at the cargo vehicle owned by the Adong Signals Control Business Office.

Ultimately, even though the Defendant added approximately KRW 105,60,00 to the repair cost of the shuttle signal control office by negligence in the course of performing the above duties, the Defendant left away without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Written estimate;

1. Application of the traffic accident occurrence report, the actual survey report, and applicable on-site photographs-related Acts and subordinate statutes;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for 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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