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(영문) 서울중앙지방법원 2020.10.15 2020고단3830
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a new freight truck vehicle B.

At around 20:00 on April 6, 2020, the Defendant, as the Dongjak-gu Seoul Metropolitan Government C Apartment Olympic Games, proceeded with the 4th line from the side of the female to the diving.

Since there are frequent traffic of vehicles and exits into the intersection, the vehicle is frequently fixed, in such a case, the driver of the vehicle has a duty of care to safely drive the steering vehicle by accurately manipulating the front and rear left and the steering gear.

Nevertheless, due to the negligence of neglecting this, the Defendant was found to have been negligent in proceeding at the front of the freight vehicle of the Defendant, and the part behind the driver’s seat of the FNAS car owned by the Defendant E, the injured party of the FNAS car, which was driven at the front of the direction of the Defendant’s proceeding, was the front part of the Defendant’s driving.

Ultimately, even though the Defendant caused the above occupational negligence to damage the repair cost equivalent to KRW 5,694,602, such as the exchange of the victim E’s NAS car, the Defendant left the scene of the accident without taking necessary measures such as immediately stopping and providing assistance to casualties, etc.

Summary of Evidence

1. The defendant's legal statement G and each police's statement of statement about D, a traffic accident report, and a estimate for maintenance of the motor vehicle inspection;

1. Application of Acts and subordinate statutes to photographs of the scene of an accident and photographs of the accident in each investigative report (to hear the statements of a victim, hear the statements of witnesses H, hear the statements of witnesses);

1. Relevant provisions of the Act on Criminal facts and Articles 148 and 54 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant acknowledges the crime of this case and repents his mistake, and the defendant does not want the punishment of the defendant by mutual consent with the victim.

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