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(영문) 수원지방법원 안산지원 2020.04.17 2020고정5
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car “A7 45 TDI quiat”.

On July 1, 2019, the Defendant driven the said car on July 1, 2019, and got into the intersection by driving the said car at a speed of 03:40, and driving the three-lane road in front of D in C at C at C at C at C at Estitu Factory, depending on one-lane loan in the direction of Estitu factory.

Since there is an intersection where traffic is not controlled, if a person engaged in driving duties of a motor vehicle intends to enter the intersection at the same time by looking at the front, rear, and left and right of the motor vehicle, there was a duty of care to yield the course to the right side of the road and prevent accidents in advance.

Nevertheless, the defendant neglected this and did not yield the way to the right side of the road and proceeded to the front part of the passenger car driving volume by the victim F (F, South and 30 years old) who entered the right side of the defendant's driving from the right side to the left side of the defendant's driving.

The Defendant did not take necessary measures at the time of the occurrence of a traffic accident, such as immediately stopping and checking damage, while destroying a victim’s vehicle to repair costs due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of the Acts and subordinate statutes to a survey report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, field photograph, and photograph of an accident video

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The amount of fine for the summary order is excessive considering the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the content and risk of the crime; (c) the road extensively scattered after the accident; (d) the time the damaged vehicle was left unattended; and (e) the circumstances after the crime.

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