(영문) 부산지방법원서부지원 2020.12.03 2020고단1252

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(영문) 부산지방법원서부지원 2020.12.03 2020고단1252

도로교통법위반(사고후미조치)

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A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving freight vehicles B and B.

At around 18:35 on February 18, 2020, the Defendant entered the 7th parallel parallel section into the direction of racing in accordance with the IC on the north border of the national highway No. 41-50km/h, which is the two-lane 1372 in Yari-ri, Yacheon-si, Yacheon-si.

At the time, since the road is at night and at all levels, in such a case, the driver of the motor vehicle has a duty of care to safely change the vehicle line from the joint section to prevent the accident due to the change of the vehicle line and to prevent it.

Nevertheless, the Defendant neglected this and entered a two-lane from the combined section, and immediately tried to alter the lane from the left side of the Defendant’s course to the one lane, caused the DFD driving from the port side to the racing by rapidly operating the Hand to the left side of the Defendant’s cargo vehicles in order to avoid any collision with the Defendant’s cargo vehicles, thereby falling down on the side below about 3 meters of the road facing the Defendant’s course and falling down the two-lanes below the center, and the Defendant’s running direction facing the road from the racing by using one lane to the port of port along the central separation zone.

Ultimately, the Defendant: (a) destroyed a rocketing car driven by C due to the foregoing occupational negligence; and (b) destroyed a rocketing car driven by E to cover approximately KRW 3,437,00 for repair cost; and (c) immediately stopped to the scene without taking necessary measures when a traffic accident occurs; and (d) left the site as it is, without taking necessary measures when a traffic accident occurs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. A vehicle estimate and a statement of use of parts;

1. A certificate of automobile-scrapping;

1. The application of the Act 1.1.2 to the investigation report (Attachment to the Gabbbbbox photograph).

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