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(영문) 인천지방법원 2017.07.12 2017고단3468
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. A person who is engaged in driving a BNEW EF rocketing car in violation of the Road Traffic Act (after-accident).

On December 1, 2016, around 09:15, the Defendant moved back to the direction of “the point of a part-time motor vehicle product” at a street parking lot No. 156, 11, Seo-gu Incheon, Seo-gu, Incheon.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by safely driving the steering system, such as taking a backside and left side well, accurately operating the steering gear and brake system.

Nevertheless, the Defendant neglected this and neglected to stop the vehicle at the street parking lot of the above accident site, and led the victim C(42 tax) to drive the vehicle after driving the vehicle, and then moved to the part after driving the vehicle by the Defendant.

Ultimately, the Defendant by occupational negligence caused physical damage that requires repair costs of approximately KRW 1,404,00 to the victim C, and did not take any measures.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the BNEW EF rocketing car quantity owned by the Defendant at the time and place of the said “A”.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to inquiries into actual condition, photographs, and mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense and the point of non-measures after the occurrence of an accident at the option of punishment: Driving motor vehicles which are not subject to mandatory insurance under Articles 148 and 54 (1) of the Road Traffic Act: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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