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(영문) 인천지방법원 2014.02.14 2014고정75
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant’s driver’s license was suspended from July 23, 2013 to October 30, 2013 as a person engaging in driving of B-learning automobiles.

On September 14, 2013, the Defendant driving the said car on September 14, 2013, while the suspension period of driver's license, but driving the said car, and driving the two-lanes of the two-lanes of the 313-3 front latitude in Nam-gu Incheon Metropolitan City, Nam-gu, the two-lanes of the two-lanes of the 313-3 front direction from the boundary of the main Plaintiff to the 2

In such cases, the defendant engaged in driving business has a duty of care to safely drive the vehicle by checking the front side well.

Nevertheless, the defendant did not find out that the victim C driver's D driver's D driver's vehicle was stopped in the front of the passenger's vehicle due to his negligence in the front of the passenger's vehicle and received the rear part of the above cargo vehicle.

The Defendant, by such occupational negligence, destroyed the car equivalent to KRW 176,380 of the repair cost, and did not immediately stop the car and take necessary measures to confirm the damage situation, and left the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident actual condition survey report, driver's license ledger, disposition investigation, and written estimate;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destruction of goods), and the choice of fines; and

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

1. Articles 70 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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