(영문) 대구지방법원 2019.11.26 2019고정942

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(영문) 대구지방법원 2019.11.26 2019고정942

도로교통법위반(사고후미조치)

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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a set of automobiles B.

On May 9, 2019, the Defendant operated the above car at around 08:40 on May 9, 2019, and led to the left turn to the left from the front side of the C Apartment-gun of the Gyeongdong-gun, Gyeongbuk-do to the front side of the two intersections in the D-dong.

In such cases, a person engaged in driving service has a duty of care to make a left-hand turn after checking the right-hand turn well before the left-hand turn.

Nevertheless, due to negligence of neglecting this, the victim E (the age of 41) driving, who was straight from the right side of the defendant's moving direction to the right side of the two intersections, was placed in front of the left side of the driver's driving car, and the remaining part was followed by the defendant's front part of the right side of the vehicle.

The Defendant did not take necessary measures, such as confirming the damage caused by the above accident, even though the Defendant destroyed the repair cost of 412,613 won in front and rear even before the left side of the said car.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. An investigation report (to attach on-site photographs and accident video CDs);

1. Report on the occurrence of a traffic accident;

1. Application of the written estimate for repair costs;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

The defendant repeats the defense that the defendant does not object to his act and does not understand his act.

참조조문

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