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(영문) 창원지방법원 거창지원 2017.08.09 2017고정53
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person driving a 5-ton cargo vehicle in the modern era.

On March 22, 2017, the Defendant: (a) loaded a digging gun on the above vehicle; (b) driven the above vehicle to the west side of the Gyeongnam Development-gun, and driven the above vehicle to the west side of the Docheon Village from the right village to the west side of the opening; (c) neglected to perform his duty of care to accurately operate the steering gear and brakes on the road; and (d) neglected to perform the duty of care to accurately operate the steering gear and brakes on the road; and (e) neglected to perform the duty of care to ensure that the communications line, which is located on the road on the road, was loaded on the part of the Defendant, the victim KT-owned telecommunications line, the telecommunication cable connected with the communication line, while going beyond the road above the road, and did not immediately stop the line and take necessary measures, such as escape.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (attached to a statement of on-site mobilization and quotation);

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;

1. The defendant and his defense counsel asserts that the defendant did not have the ability to discern things or make decisions at the time of committing the crime of this case as to the mental and physical weakness of Article 186(1) of the Criminal Procedure Act.

In light of the circumstances at the time of the instant crime, the Defendant’s speech, and the circumstances after the instant crime, etc., even though it is recognized that the Defendant suffered from editing early, the Defendant has the ability to discern things or make decisions at the time of the instant crime.

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