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(영문) 대전지방법원 홍성지원 2015.11.04 2015고정257
도로교통법위반(사고후미조치)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C-III cargo vehicles.

On May 24, 2015, the Defendant driven the above cargo vehicle at around 23:54, and proceeded at about 50 km from the front side of the Boan Police Station E Public Security Center in Boan City, Boan-si to the front side of the E Public Security Center in Bocheon-si.

On the right side of the road, there are fences for dividing delivery, and there are buildings such as the above Epublic security center, so in such a case, the driver of the vehicle has a duty of care to prevent the collision with the right side fences of the road by properly viewing the front door and accurately manipulating the steering gear.

Nevertheless, the Defendant was negligent by failing to properly examine the steering gear and leaving the steering gear because he was unable to operate the steering gear normally, and received the fences of the above cargo vehicle managed by the Boan Police Station Epublic Security Center established on the right side of the Defendant’s running direction from the front part of the above cargo vehicle, and subsequently, the Defendant left the scene without taking necessary measures, such as filing a report to the police office or moving the above cargo vehicle without any traffic obstruction, while receiving the outer wall of the above E Public Security Center as the front part of the above cargo vehicle, and thereby damaging the outer wall of the above E Public Security Center to cover KRW 5,990,000.

Summary of Evidence

1. Defendant's legal statement;

1. Written estimate;

1. A traffic accident report;

1. Investigation report (related to telephone investigation of a director on the spot);

1. Application of six on-site photographs in Acts and subordinate statutes;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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