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(영문) 부산지방법원 2019.05.29 2019고단1051
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2018, the Defendant driven a low-speed car B around 23:45, and driven the front road of the “Dart” located in the Busan Young-gu C, Busan, according to two-lanes in the direction of Cheongnam-do in the direction of Cheongnam-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well in the front left, maintain the distance with the preceding motor vehicle, and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded along a two-lane in the same direction as the end of the car, and found the F personal taxi driven by the victim E (58 years old and female) late after changing the two-lane in the future, and received the back portion of the victim taxi as the front part of the Defendant’s car.

Ultimately, even though the Defendant caused a traffic accident that damages an amount equivalent to KRW 16,854,09,09 in total of repair costs by occupational negligence as above, he immediately stopped and did not take measures necessary to prevent risks on the road, such as collecting fugitives on the road, and to ensure the smooth flow of vehicles, and went away from the site without leaving the vehicle on three-lanes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of G and E;

1. A traffic accident report;

1. Photographs related to accidents;

1. Application of the written estimate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant has been sentenced to a fine for drunk driving twice, and the other party has not taken necessary measures to cause a big traffic accident to the extent that his/her vehicles are scrapped, and the nature of the crime is not good.

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