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(영문) 부산지방법원 동부지원 2014.11.20 2014고정694
도로교통법위반(사고후미조치)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K5-car.

On March 14, 2013, the defendant driven the above car without obtaining a driver's license on March 14, 2013, and moved the two-lane road in front of the 3-dong community service center in Busan Shipping Daegu at the port of Busan, by moving the two-lane road to the speed of the Si non-speed speed.

There are private crossings where traffic is not controlled, and crosswalks are located on the front side of the road, and there are power distribution boards on the side of the road, so the person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing speed or temporarily stopping the steering gear, and to check whether there is a vehicle crossing by accurately manipulating the steering gear in order to prevent accidents in advance.

Nevertheless, the Defendant neglected this and caused the negligence of excessively manipulating the steering gear at the same speed, thereby exceeding the boundary of the right side of the road in the direction, and received power distribution plates owned by the Korea Electric Power Corporation and the Korea Electric Power Corporation and the Korea Electric Power Corporation, which were located in the same direction.

The Defendant, by occupational negligence, destroyed the above power distribution board, which is owned by the victim, to take repair costs equivalent to KRW 9,182,800 at the market price, and immediately stopped, and did not take necessary measures to confirm the damage situation, and escaped without leaving the above driving vehicle alone.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report (1), (2);

1. A traffic accident occurrence report;

1. Vehicle photograph and estimate;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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