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(영문) 전주지방법원 정읍지원 2016.11.10 2016고단366
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On June 24, 2016, the Defendant driven the above cargo at around 04:40 on June 24, 2016, and led the Defendant to proceed ahead of the road to the intersection of the private distance in the new police station located in the new sub-Eup in the new Eup.

The location was a remote intersection where a red signal with on-and-off traffic signal, etc. was installed, and the Escar Tank Tank Track vehicle owned by the victim, Inc., Ltd., which was driven by D driving, intends to enter the above private-distance intersection from the right side of the cargo of the defendant to the left side, and thus, the driver of the motor vehicle had a duty of care to drive the motor vehicle safely while driving the motor vehicle by yielding the course to the above tank, after temporarily stopping the vehicle before entering the above private-distance intersection.

Nevertheless, the Defendant neglected this and did not temporarily stop and entered the above private distance intersection as it was, as such, caused the victim's tank lorri vehicle that entered the private distance intersection to avoid the cargo vehicle of the Defendant to the right side, thereby getting the utility pole installed adjacent to the private distance intersection as it is.

Ultimately, the Defendant did not take necessary measures, such as checking the status of damage, even if the repair cost of KRW 87,654,820, such as exchanging the above damaged vehicle by occupational negligence as above, was damaged to the extent of damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on Criminal facts and Articles 148 and 54 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution causes traffic accidents requiring large repair costs due to the Defendant’s negligence and the responsibility of leaving the site without taking sufficient measures.

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