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(영문) 대전지방법원 2017.12.05 2017고단2830
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the Category B EM car.

On May 16, 2017, the Defendant driven the above car at around 07:20, and stopped the three-lanes in front of the Taedong-dong, Daejeon Metropolitan Government, in order to keep the signal waiting in the direction of the agricultural and fishery product market, while driving the above car at around 07:20.

In such a case, the driver had a duty of care to prevent accidents in advance by safely keeping the lanes accurately and safely by properly operating the operation and steering gear of the driver.

Nevertheless, the Defendant, while neglecting such duty of care, was making a stop in the future after stopping a vehicle with a low-priced vehicle driven by the victim C (W, 44 years old) who stops in the front of the vehicle at the front by negligence, and was making a stop again. The Defendant received the back part of the said low-priced vehicle with the front part of the said IMMB car.

Ultimately, the Defendant did not take any measure to damage the above low-quality passenger vehicles by occupational negligence as above to the repair cost of KRW 350,326.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

1. Written estimate;

1. Application of Acts and subordinate statutes on screen pictures by reporting a traffic accident, conducting a survey on the scene of an accident, details of mobile phone calls, and capturing CCTV images;

1. Articles 148 and 54 (1) of the Road Traffic Act and the selection of fines concerning facts constituting a crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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