(영문) 서울중앙지방법원 2013.12.09 2013고정4744

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(영문) 서울중앙지방법원 2013.12.09 2013고정4744

도로교통법위반(사고후미조치)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 13, 2013, at around 08:23, the Defendant: (a) driven a car between C, which was driven by the victim E, which is owned by the victim E, or on the left-hand part of the car owned by the victim E, which the Defendant driven by the victim; (b) failed to take necessary measures, such as immediately stopping and checking damage caused by immediately stopping, even though the Defendant damages the car to the front-hand part of the car driven by the victim E, which is driven by the victim D, and the repair cost of KRW 462,249 (including value added tax).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement (D);

1. A traffic accident report;

1. Written estimate;

1. On-site and video photographs, and photographs of harming vehicles;

1. Application of Acts and subordinate statutes to the investigation report;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is as follows: ① A vehicle parked on the street due to the seriousness of the usual parking accident; the number of vehicles parked on the road in the road is damaged; the speed limit is also installed; ② the degree of the accident was very insignificant; ③ the driver’s vehicle was located in the blind zone in the city of the city at the time of the operation of the defendant; ④ the date and time stated in the facts charged, as the defendant was immediately driven on the road in the apartment parking lot, was very difficult to avoid the accident; ⑤ The fact that the defendant was unable to recognize and escape the accident on the road in the apartment parking lot; ⑤ The defendant was unable to recognize the accident at all, and there was no intentional action after the accident.

2. According to the evidence duly adopted and examined by this Court, the following facts or circumstances are acknowledged.

(1) The defendant shall commit the crime.

참조조문

유사 판례

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