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(영문) 대전지방법원 2013.10.10 2013고정1516
도로교통법위반(사고후미조치)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C Freight.

On June 22, 2013, the Defendant driven the above cargo vehicle around 18:45, and changed the lane from the front side of the Kapete, Seo-gu, Daejeon, to the speed of about 70 km in speed from the front side of the Kapete-do, Seo-gu, Daejeon.

In this case, there was a duty of care to inform the direction change in advance and to change the lanes safely by taking into account the traffic situation of the front and rear left.

Nevertheless, the defendant neglected this and changed the three-lane to the right side of the cargo, and thereby received the front portion of the victim's Esch Rexroth car in normal driving from the later side of the three-lane, into the right side of the cargo vehicle.

The Defendant, by negligence on duty, did not immediately stop the car and take necessary measures after the accident while destroying the car amounting to KRW 2,417,200.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made by the prosecution concerning D;

1. The actual condition survey report;

1. Written estimate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2006Da15488, Apr. 2, 2008) provides that “The defendant and his defense counsel shall file a report after the lapse of several days after the occurrence of the accident as a matter of the defendant’s personal acceptance,” and the defendant and his defense counsel at the time of the accident.

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