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(영문) 서울중앙지방법원 2014.07.25 2014고정2671
도로교통법위반(사고후미조치)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a BM5 vehicle.

On April 10, 2014, the Defendant driven the above vehicle at night on April 19:35, 201, and stopped and started for the signal atmosphere from 3-lane towards the 10-lane horizontal distance from the head of the Sims market at night in Gangnam-gu Seoul, Seoul to 10-lane 10,000.

A person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and to prevent accidents by safely driving the motor vehicle according to road traffic conditions.

Nevertheless, the Defendant neglected this and caused the damage to be in excess of KRW 833,910 for repairing the said bus by taking the front-hander of the C urban bus owned by the victim (owner) who was standing in the rear bank due to negligence while driving at the time of the start of the stop.

In such a case, the defendant immediately stops and takes necessary measures when a traffic accident occurs, but the defendant left the site without taking any measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Written estimate;

1. Application of the statutes governing damaged vehicles photographs, photographs of skins, and video CDs of victimized vehicles;

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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