Text
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a car in a SP area B.
On September 2, 2014, the Defendant driven the above vehicle around 00:05, and driven the front road D, located in Seocheon-si, Gyeonggi-do, to the lower direction from the entrance side of the large apartment, the lower direction.
At the time, since it is not good in view of night, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and the steering gear for the driver.
Nevertheless, the defendant neglected this and did not properly operate the steering direction and steering system, and caused 2 gs of street trees owned by the Pocheon Viewing Viewing Viewing Park, which are installed on the right side of the defendant's moving direction to go beyond the front part of the above car.
As a result, the Defendant did not immediately stop and take necessary measures even though he damages the above roadside trees to the sum of KRW 1,380,000 due to the driving of the vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a report on an investigation (11 pages of investigation records), and a written estimate;
1. On-site photographs, roadside trees, and photographs of the protection board of street trees at the time of an accident;
1. Application of video CD-related Acts and subordinate statutes to accidents;
1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. A favorable circumstance that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant subscribed to a motor vehicle comprehensive insurance, or that the defendant was sentenced to a fine on September 24, 2013 to a violation of the Road Traffic Act on September 24, 2013, and did not commit the instant crime again because he was not committed for one year since the previous violation of the Road Traffic Act, and the defendant committed the instant crime again. The defendant committed the instant crime by breaking the central line from the day immediately before receiving the street trees to the point of delivery, and committed the instant crime again.