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(영문) 서울남부지방법원 2013.04.15 2013고정711
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-man car.

1. Around 06:55 on November 05, 2012, the Defendant driven the above vehicle, and changed the front road of the Guro-gu Seoul High School (Seoul High-dong 63-12) into one-lane in the direction of an error from the high intersection to the point of accident while driving in the direction of an error.

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change course, and he/she has a duty of care to give advance notice of change of course and to prevent accidents by safely changing the lane through the operation of direction direction, etc. in advance, and the situation of traffic is well considered.

Nevertheless, the defendant's negligence of change of course led to the right side part of the victim C (51) D previously chartered buses, which proceeded one lane, to the left side of the driver's vehicle.

Ultimately, the Defendant left the scene without taking measures after destroying the property equivalent to approximately KRW 1,077,316 of the cost of repairing the damaged vehicle due to such occupational negligence.

2. The Defendant is a holder of B body-wide passenger car.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, around 06:55 on November 05, 2012, the above vehicle was operated without mandatory insurance on the front road of Guro-gu Seoul High-dong 63-12, Guro-gu Seoul High-dong 63-12.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, mandatory insurance inquiries, and estimates;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148 and 54 (1) of the Road Traffic Act that choose a penalty, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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