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(영문) 전주지방법원 2016.05.03 2016고정99
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a liquid sports vehicle B.

On October 30, 2015, the Defendant driven the above vehicle at around 23:20 on October 30, 2015, and proceeded along the two-lanes in front of the Dvalescent Hospital C from the color long-distance flood section to the new long-distance flood control area in the front city. The Defendant changed the lane into one-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering and brakes well, and safely operating the steering and brakes.

Nevertheless, the Defendant, while driving a two-lane prior to the foregoing road due to negligence while neglecting this, has stopped the vehicle on the two-lane and opened a door to the driver's seat in order to resist the risk of the Defendant's driving.

E Driving received the left-hand side of the freight vehicle from the Defendant as the front-hand side of the freight vehicle.

The Defendant, by such occupational negligence, destroyed the car in the above project to be in excess of KRW 1,147,661 to repair the car, but did not immediately stop the car and run away without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a traffic accident occurrence report, the scene of the traffic accident, and the photograph of the vehicle;

1. An investigation report (related to the submission of and attachment to black stuffs and images of vehicles);

1. Reports on internal accidents (the speed of driving and overtaking vehicles after the accident of the latter vehicle);

1. Application of the written estimate (Evidence 8) Acts and subordinate statutes;

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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