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(영문) 대전지방법원 2016.02.04 2015고정1413
도로교통법위반(사고후미조치)
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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

On July 22, 2015, the Defendant driven a Da New-ro-Wood vehicle on July 17:2, 2015, and moved to the direction of 4-distance from the private street of the City Office of Education to the direction of 4-distance from the city office of education during the mountain of Seo-gu, Daejeon.

The defendant was driven by the victim D (V, 31 years old) who was bypassing from the two lanes to the three-lanes and was bypassing.

E Lastren's back portion of the left-hand side of the car was contacted with the upper part of the car at the right-hand side of the car.

After all, the defendant, even though he damages the victim's vehicle's estimated repair cost of KRW 1,071,013, did not immediately stop and take necessary measures.

Summary of Evidence

1. Statement made by the police against D;

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant Article of the Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Considering that flicks are left before the right side of the alleged Defendant’s vehicle, it is between the Defendant’s vehicle and the Defendant’s vehicle are left ahead of the Defendant’s vehicle when the Defendant’s vehicle moved to the third vehicle line and then entered the second vehicle line.

Therefore, the defendant does not damage the vehicle of the victim, but the victim has damaged the vehicle of the defendant.

2. Examining the judgment (the 11th page of the investigation record), it can be seen that the victim’s vehicle is in the third lane and the Defendant’s vehicle has contacted with the victim’s vehicle, and then is moving to the first line or the second line before the victim’s vehicle at a few meters prior to the victim’s vehicle. Examining the remainder of each photograph, the Defendant’s vehicle has a trace of flaging into the right side of the victim’s vehicle before the victim’s left side, and there is a flag of flaging in the front.

D. Statement of the police's statement about D.

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