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(영문) 대전지방법원 천안지원 2017.11.02 2017고정649
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant shall drive a cargo vehicle of one ton frequently or frequently.

On December 18, 2016, the Defendant driven the above cargo vehicle around 14:28 on December 18, 2016, and proceeded with the D Mart front road located in Northern-gu, Seoan-gu, Seoan-gu.

When any driver intends to change course, he/she shall notify the direction of the course in advance by hand, direction, etc. and shall not change course when he/she is likely to obstruct normal traffic of the motor vehicle coming from the direction of the change, and has the duty of care to change the lane safely by operating the direction direction light in advance.

Nevertheless, the Defendant neglected such duty of care and instead changed the course to a single lane without giving prior signals by hand or direction, etc., and conflict with the back part of the victim E-owned F G G car, which was proceeding on a one-lane, into the back part of the left side of the driver vehicle of the Defendant.

In this accident, the car of this gender was departmented to have an amount equivalent to KRW 1,342,275 for repair cost.

However, the Defendant immediately suspended the accident and did not take necessary measures, such as killing the said gender car, and escaped as it is.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement protocol (F, H);

1. A report on a traffic accident, a survey report on actual condition, and a report on the occurrence of a traffic accident;

1. Photographss of moving pictures of the damaged vehicle, photographs of the victimized vehicle, photographs of the damaged vehicle, and parts destroyed behind the right side of the damaged vehicle;

1. Application of the statutes governing a written estimate;

1. Relevant provisions of the Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting a crime.

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) background of the instant crime; (b) the scale of accidents that can be known by a copy of the written estimate and photograph; (c) the criminal records of the Defendant’s criminal punishment (except for a single fine), and the family relationship of the Defendant.

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