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(영문) 전주지방법원 정읍지원 2017.03.16 2016고단409
도로교통법위반(사고후미조치)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of BKan-Pack vehicle.

On April 8, 2016, the Defendant was driving while driving a road of one-lane near D in the vicinity of D, located in the Northwest-gun, Seoul, from D on April 8, 2016.

The location was a hond, where the center line of the yellow-ray is installed, and the vehicle was driven by the victim E-driving F body in the front line of the vehicle of the defendant, and thus, the vehicle is proceeding. Therefore, the driver of the vehicle has a duty of care to drive the vehicle safely by accurately operating the steering gear and brake system even if the vehicle is driven by the front line.

Nevertheless, the Defendant’s negligence in the course of business, without performing the aforementioned various safety driving, over the center line and over the victim’s vehicle, and instead of passing over the victim’s vehicle, again returned the victim’s vehicle to the original lane beyond the center line, and received the more part of the victim’s vehicle back to the right side of the back of the passenger vehicle of the Defendant.

Accordingly, the Defendant did not take necessary measures such as immediately stopping and checking damage caused by the above occupational negligence while destroying 651,858 won, such as exchange of damaged vehicles in front of the fences.

2. The driver of any motor vehicle violating the Traffic Act shall be prohibited from threatening or endangering another person or causing any danger to traffic by passing ahead of it repeatedly in violation of the method of passing ahead as referred to in Articles 21 (1), (3) and (4) of the Road Traffic Act;

Nevertheless, the Defendant, at the time and place specified in paragraph 1, drive B car at a place, and the direction flag, light, and horn as above.

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