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(영문) 서울중앙지방법원 2017.06.20 2017고정573
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person driving a BMW car.

On December 18, 2016, the Defendant driven the above vehicle at around 07:00 and proceeded along three-lanes in the direction of shooting distance in the tax office located in the area where the four-lane roads in Seoul FF are located in the vicinity of the tax office located in Gangnam-gu, Seoul.

In such cases, drivers shall accurately operate the steering system, brakes and other devices of the vehicle, shall not drive the vehicle at such speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the vehicle, and have a duty of care to prevent accidents by driving the vehicle with due care.

Nevertheless, the Defendant neglected to perform his duty at the front direction, and went away from the road without taking necessary measures, because it conflicts with the H-half of the victim G (n) drive, which violated the right-hand turn in the direction of the opposite direction, and the Defendant stopped on the first lane because the Defendant’s driver’s vehicle was broken off, and the said victim G driver’s vehicle was stopped on the road, and thus, the repair cost cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement of G and I;

1. A police fact-finding report, photograph, black boxe photograph;

1. Application of Acts and subordinate statutes to police and prosecutorial investigation reports;

1. Relevant legal provisions and Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); the choice of fines [the duty to take relief measures and to report when a traffic accident occurs as provided for in Articles 54(1) and 54(2) of the Road Traffic Act shall be construed as the duty imposed on the driver of the relevant vehicle who caused the traffic accident, regardless of intention, negligence, liability, or illegality, and the duty to report shall be construed as the duty imposed on the driver of the relevant vehicle in the event of the traffic accident, and the said duty shall not be imposed even if there is no reason attributable to the occurrence of the accident.

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