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(영문) 대전지방법원 논산지원 2019.06.04 2019고단136
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On February 21, 2019, the Defendant driven the above car on February 21, 2019, and led to the course of bypassing the volcanic intersection from the parallel to C from the direction of the Gangwon-gu, Chungcheongnam-do.

At the time, there was a new wall time before sunrise, and the place is where a intersection is installed. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front and rear left, and accurately manipulating the steering staff of the motor vehicle.

Nevertheless, the defendant neglected to stop his vehicle on the road after he shocked the seats installed on the right side and the traffic signs installed on the left side of the running direction of the defendant, and led the defendant to stop the vehicle on the road.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed property to take approximately KRW 3,121,800 of the cost of repairing at a traffic sign facility owned by the victim Seosan-si, but did not take measures necessary for the report of traffic accidents, the movement of the accident vehicle, etc., and left the scene of the accident without leaving the said rocketing car at the scene of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Application of the written estimate statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The period of suspension of execution includes several previous offenses, and the two previous offenses among them are committed, and circumstances that are favorable to the poor nature of the offense in light of the content and circumstances of the instant crime: the Defendant’s parents seem to reflect their mistakes, and the Defendant’s parents want to have the prior wife.

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