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(영문) 서울중앙지방법원 2015.01.16 2014고정4991
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

On October 23, 2014, the Defendant was sentenced to one year and six months of imprisonment and three years of suspended execution in Seoul Eastern District Court due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and the said judgment became final and conclusive on October 31, 2014.

On September 14, 2014, the Defendant is a person who is engaged in driving B and one ton vehicle, and around 07:13 on September 14, 2014, the Defendant driven the front-way road located in Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government C, driving the said vehicle on a two-lane one-lane between the two-lanes in the direction of the front-way distance.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to make the traffic situation well reported and safely to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and neglected to drive stroke, and conflicted with the victim E-owned vehicle driving stroke, which was parked on two-lanes to the right-hand side of the running direction of the stroke, the lower part of the fences, and the top part of the vehicle driving by the Defendant.

The Defendant, by negligence in the course of performing his duties, destroyed the damaged vehicle to have an amount equivalent to KRW 3,389,340, and left the scene without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident (E and Defendant);

1. The actual condition of traffic accidents;

1. Written estimate;

1. Previous convictions in judgment: Criminal history records and other inquiries, and the application of the Acts and subordinate statutes reporting prior to disposition, and reporting results;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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