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(영문) 의정부지방법원 고양지원 2015.03.27 2015고정259
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 24, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and one year and six months, and the judgment became final and conclusive on January 16, 2014.

The defendant is a person who drives B rocketing or passenger car belonging to EXE transport as his/her duties.

On June 14, 2013, around 22:00, the Defendant proceeded along the three-lane road in front of Ilsan-dong, Seoyang-si, Busan-si along the two-lane private distance from the front of the Plsan Police Station.

In such cases, a person engaged in the driving duty has a duty of care to safely drive the vehicle by maintaining a safe distance by taking into account the situation of the vehicle that is driven earlier.

Nevertheless, the Defendant neglected to do so and proceeded near the Defendant, and received the back of the victim D driving E-Wz car in the same room as the front part of the Defendant’s vehicle.

As a result, it has damaged the repair cost of 12,381,10 won, such as the driver of the victim vehicle, so it did not immediately stop and take necessary measures, but did not take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1) (2) (actual survey report);

1. Written estimate for repairing damaged vehicles;

1. Photographs (accident scene, damaged vehicle, and damaged vehicle);

1. Application of Acts and subordinate statutes to the report on the result of the disposition and confirmation (A);

1. Relevant Articles 148 and 54(1) of the Road Traffic Act, the choice of fines (the punishment shall be determined, taking into consideration the following factors: (a) the fact that a person has subscribed to the deduction of a taxi; and (b) the fact that a person may have been tried together with other cases of this Court, the fact that all of the decisions have been committed, and that a person may have been tried together with other cases of this Court, the Supreme Court shall have determined

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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