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(영문) 대구지방법원 서부지원 2019.03.29 2018고단2007
도로교통법위반(사고후미조치)
Text

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

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

Reasons

Punishment of the crime

The defendant is driving a B-Adi A6 car.

Around 03:40 on May 10, 2018, the Defendant driven the said car and proceeded at a speed that would not be known by driving the car at a one-lane in the front of the D, which is located in the Gyeong-gun, Seongbuk-gun, Seongbuk-do.

Since there are many vehicles parked on the side of a road, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle that is parked on the opposite side and the motor vehicle that is parked on the front side and the right side by reducing the speed of the motor vehicle.

Nevertheless, due to the negligence that the Defendant neglected to properly operate the steering gear, the Defendant, who was parked on the roadside of the road in the direction of the Defendant’s operation, conflicted with the right part of the back-hand part of the H New Zealand XD car owned by the victim G with the front-hand part of the car operated by the Defendant.

Ultimately, the Defendant did not take necessary measures, such as stopping, even though the Defendant damaged the said New Zealand X-D car in terms of repair cost of KRW 2,552,229 due to such occupational negligence, and escaped immediately.

Summary of Evidence

1. Defendant's legal statement;

1. G traffic accident-related statements;

1. The actual condition survey report;

1. Photographs of the accident site;

1. Application of the Acts and subordinate statutes governing an investigation report (Attachment of a photograph on the damaged part of Ma1 vehicle), an investigation report (report attached to a written estimate for repair of a motor vehicle), an Aridi A6 vehicle estimate and a quotation for Aburfed vehicle;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized his/her mistake and did not repeat the crime by reflecting his/her fault, that the defendant agreed with the victim (the victim does not want the punishment against the defendant but wanted to do so), and that he/she does not have the same criminal record and does not exceed the fine.

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