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Reasons
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(영문) 광주지방법원 2015.04.22 2014고정2339
도로교통법위반(사고후미조치)
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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

The Defendant is driving a “C” BMW car (hereinafter referred to as “Defendant’s driver car”).

On October 28, 2014, around 08:30 on October 28, 2014, the Defendant driven the Defendant’s driving car, and proceeded at a speed of about 60km in speed, depending on the two-lanes in the direction of LCprying in the direction of LCpry from the sub-deline.

In such cases, a driver of a motor vehicle has a duty of care to live well on the front side and the left side and to prevent accidents by accurately manipulating the steering direction and the brake system.

Nevertheless, by negligence, the Defendant’s negligent negligence found that the F Driving “G” passenger car stops in one lane and two lanes in accordance with the previous stop signal (hereinafter “damage-taking passenger car”) and subsequently stops in excess of the center line.

Defendant

The part of the driver's car gate and the part of the driver's car was damaged by the chief penter and the part of the driver's car, and damaged 505,750 won of the repair cost.

Although the Defendant destroyed or damaged the van by occupational negligence as seen above, the Defendant immediately stopped and checked the existence of damage, and proceeded without taking measures necessary for preventing danger and smooth communication.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A traffic accident report;

1. The actual survey report on traffic accidents;

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

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant’s assertion ① Since the instant traffic accident occurred by F’s negligence, Defendant cannot be deemed as “driver who damages goods by traffic, such as driving, etc.” under Article 54(1) of the Road Traffic Act.

② At the time of the instant accident

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