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(영문) 청주지방법원 2015.12.29 2015고정930
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) by the Defendant, at around 01:45 September 28, 2015, driven a car at Alfatoon and located in Seo-gu, Seowon-gu, Seowon-si, Cheongju-si, the front street of D, Puu apartment, is driven along the two-lanes between three-lanes of visibility and two-lanes of visibility.

Even though it is damaged that the part on the back side of the driver's seat of the Echip motor vehicle parked at the right edge of the road conflicts with the front side of the defendant's vehicle, the above vehicle owned by the victim F is damaged to require an amount equivalent to KRW 4,973,274, and the defendant's vehicle is left alone on the two-lanes of the road and did not take necessary measures for preventing danger and smooth communication on the road.

2. After causing an accident at the same time and place as mentioned in paragraph (1), the Defendant went away from the towing vehicle’s article during the escape, and went beyond the fence of the victim H located in Seo-gu, Seowon-gu, Seowon-si, and intruded into the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Each police statement made to F and I;

1. Application of the Act and subordinate statutes governing the actual condition survey report, estimates for maintenance, and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148, 54 (1) of the Road Traffic Act, the choice of punishment, and Article 319 (1) of the Criminal Act (the occupation of intrusion and the choice of fines);

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

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

1. Consideration of the fact that the defendant's vehicle has taken advantage of his mistake as the primary offense for sentencing under Article 334 (1) of the Criminal Procedure Act, and the defendant's vehicle has taken out a comprehensive automobile insurance policy, and the victim H and the original agreement has been reached after the prosecution was instituted;

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