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(영문) 인천지방법원 2017.09.15 2017고정767
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of C Freight.

On January 11, 2017, the Defendant driven an above cargo vehicle around 15:00, and led to the 1485-lanes in Incheon Seo-gu, and the three-lanes in front of the Marine Corps inspection station of the Marine Corps, along three-lanes in parallel from Kimpo-dong to the error direction of 15km in speed.

In such a case, the driver has a duty of care to ensure the safety of the course while accurately operating the steering area and the right and the right and the right and the right and the right and the right and the right and the system of the steering area.

Nevertheless, the Defendant neglected this and changed the two-lanes from the three-lane to the two-lanes, and received the two-lanes of the victim D(45 ) driving the two-lanes in front of the right side of the freight, and the two-lanes and even door parts of the Defendant’s vehicle.

Ultimately, the Defendant did not take necessary measures after the accident, such as immediately stopping the victim’s cargo loaded on the right side of the cargo, and checking the state of damage, even if the repair cost is defective, by the above occupational negligence.

Summary of Evidence

1. Legal statement of the witness D;

1. Report on the occurrence of a traffic accident;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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