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(영문) 대구지방법원 김천지원 2014.04.02 2014고정61
도로교통법위반(사고후미조치)등
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 agriculture and is engaged in driving the Track Track.

1. On September 19, 2010, the Defendant, at around 23:30 on September 19, 2010, operated a road in front of the C Child Care Center B, with an accelerator the front of the C Child Care Center B as an accelerator.

In this case, the defendant engaged in driving of agricultural machinery has a duty of care to confirm and drive the course safety by checking well the right and the right and the right.

Nevertheless, the defendant neglected to do so and proceeded to the left-hand side of the Tracker, and conflicts with the fences behind the car behind the above Hacker's car, which led to the progress of the Hacker's car, which led to the above Hacker's building.

The Defendant did not take necessary measures, such as immediately checking damage damage, even though the above occupational negligence caused damage to KRW 2,427,120 to the repair cost of the building and the building wall repair cost of KRW 2,781,823 and KRW 5,208,943 to prevent traffic danger and hazards and ensure safe and smooth transportation.

2. The Defendant destroyed the above time, at the above place, that amounting to KRW 2,427,120 to the cost of restoring damage to the above building due to the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of each written estimate statutes;

1. Relevant provisions of Article 151 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning facts constituting the crime (a point of failure to take measures after causing damage or destruction of things); and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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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