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(영문) 창원지방법원 2016.07.06 2016고정522
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a wing and cargo vehicle B.

On January 8, 2016, the Defendant driven the above cargo vehicle at around 20:35, and changed the lane into a two-lane, starting from the first-lane of the apartment zone, the front side of the apartment zone, which is located in the Guro-gu Seoul Metropolitan City, Gocheon-do.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear, brakes, etc. when another motor vehicle stops on the front side of the driving direction, avoiding conflicts with other motor vehicles, safely operating the motor vehicle according to the driving direction of the road, and preventing accidents in advance by keeping the traffic situation of the lane intended for change from hindering the passage of the lane.

Nevertheless, the Defendant was negligent in neglecting the above duty of care and was stopped on the front side of the proceeding direction.

C The left-hand side part of the rocketing No.D. car, which was going on the right-hand part of the car and the two-lanes, was received as the front part of the Defendant vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, escaped without immediately stopping and taking necessary measures, even though he damages the strawing car to cover KRW 312,301, and the strawing car in the repair cost of KRW 1,174,886.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site photographs, photographs of damaged vehicles, photographs of damaged vehicles, and a survey report on actual condition;

1. Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 3341) is [unfair circumstances].

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