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(영문) 대구지방법원 2016.06.09 2016고정611
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing individual taxi.

On December 5, 2015, the Defendant driven the above taxi on December 06:14, 2015, and driven the front road of the D gas station in Daegu-gu, Daegu-gu, along the four-distance away from the end-distance four-lane bank to the four-lane bank.

In this case, the driver of the motor vehicle has a duty of care to prevent the accident by properly manipulating the front section and the right and the right and the right of the motor vehicle and properly manipulating the steering system, etc.

Nevertheless, the Defendant caused the damage to KRW 2,032,00 of the repair cost by misunderstanding the center separation line installed on the left side of the road due to the negligence of wrong operation of steering gear on the wind, and caused the damage to the left side of the said taxi. As above, the destroyed taxi pans and facility scatterings that run two-lanes in the same direction, which led to the fM7 passenger cars of the victim E-driving where the damaged taxi pans and facility scatterings proceeds in the same direction.

The Defendant destroyed the above facilities owned by the Korea Road Corporation by negligence in the course of performing the above duties to cover KRW 2,032,00,000, and escaped without immediately stopping the MF7 car owned by E to cover the repair cost, and without taking necessary measures, such as removing the risks on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (with respect to the estimate of traffic facilities to be prevented from unauthorized crossing, with respect to the developments leading up to and on-site conditions of the mobilization, with respect to the estimation of damaged vehicles);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to on-site photographs, harming vehicles, and photographs of damaged vehicles;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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