logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.10.14 2020고단2405
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 car.

On December 29, 2019, the Defendant driven the above car at around 05:10 on December 29, 2019, and continued the front road C at the same time on both sides of the road at an aesthetic speed.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle according to road traffic conditions.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty of safe driving such as the duty to stop on the front side of the passenger car, and received a road boundary stone in the right side of the opposite direction beyond the central line due to its shock, and received the opposite street from the front side of the passenger car of the Defendant.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the property to be equivalent to KRW 1,127,867, such as the replacement and repair cost of the guard day managed by the Dongbcheon Viewers, thereby causing danger and disturbance to traffic, but did not immediately stop and take necessary measures, and escaped the said car at the accident site.

Summary of Evidence

1. The defendant's legal statement, the actual condition investigation report, and the occurrence of a traffic accident;

1. Application of statutes, such as site photographs;

1. Relevant provisions of the Road Traffic Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the selection of criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant, while driving a vehicle, did not take appropriate measures while taking a day off by a car, and even departing from the site with the said car as it is, the nature of the crime is bad.

In addition, the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. of the defendant, various conditions of sentencing as shown in the records and arguments, and the penalties of the prosecutor.

arrow