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(영문) 대구지방법원 영덕지원 2016.09.23 2016고정51
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 is a person who is engaged in driving of a C Poter cargo vehicle.

On May 22, 2016, the Defendant driven the above vehicle at around 04:00, while driving the vehicle at around 04:0, the Defendant proceeded with the first lane of the waste landfill site, located in the jum of the Gannbuk-gun, the head of the Gyeongbuk-gun.

At night, the driver of a motor vehicle had a duty of care to thoroughly see the front hour and accurately manipulate the steering and brakes so that he/she has a duty of care to prevent the accident in advance.

Nevertheless, while the Defendant neglected to do so, he left the line to the right side of the road while proceeding, and received telegraph poles and street trees installed in front of the said cargo vehicle.

After all, the Defendant, by the above occupational negligence, destroyed the utility poles and street trees owned by the victim nutrition group to the extent that the repair cost is about 2.8 million won, and left the said cargo alone on the road, and escaped without removing any traffic danger.

Summary of Evidence

The crime of this case on the grounds for sentencing of Article 70(1) and Article 69(2) of the Criminal Procedure Act, which is based on the defendant's legal statement traffic accident occurrence report, traffic accident actual investigation report, traffic accident investigation report (by 12, the first site situation, and the suspect's identity), Article 148 and Article 54(1) of the Road Traffic Act, which is applicable to the criminal facts subject to the law, and Article 70(1) and Article 69(2) of the Criminal Procedure Act, which is subject to the punishment of the defendant's statutory statement traffic accident, does not take any measures against telegraph and street by the defendant causing a traffic accident, and the crime of this case is less likely to be committed in light of the degree of damage and the degree of risk resulting therefrom, etc.

subsection (b) of this section.

However, there are some circumstances that may be taken into account in the course of committing the crime, such as recognizing the defendant's mistake and opposing himself, and the defendant also suffered injury due to the accident in this case, and the damage caused by the traffic accident has been fully recovered.

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