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(영문) 광주지방법원 2017.03.30 2016고단5764
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a KS7 car.

On November 1, 2016, the Defendant driven the above car at around 02:30 on November 1, 2016, and moved to the right bypass at an influorous speed, driving from the front C located in Gwangju Seo-gu, and from the (Gu) the left side of the Western fire department at the Ro-matrotrotroke.

However, since there are many crossings in which the driving of a vehicle is large, there was a duty of care to safely drive a vehicle with another vehicle that entered the intersection in order to ensure that a person engaged in driving service is not faced with another vehicle.

Nevertheless, while the Defendant neglected such duty of care and went to the left immediately after entering the intersection, the Defendant was unable to avoid the victim E-driving F. F.I.K. taxi in front of the K7 car driving by the Defendant, and did not go to the right side of the said rocketing taxi in front of the K7 car.

Ultimately, the Defendant destroyed the rocketing taxi owned by the victim and escaped without taking necessary measures, so that the repair cost equivalent to KRW 543,585, such as a total amount of 543,585, such as the pre-service negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written initial action at the scene of a traffic accident;

1. A traffic accident report;

1. Statement made by the police for E;

1. Written estimate and written agreement (E);

1. Application of Acts and subordinate statutes governing automobile insurance coverage certificates;

1. Relevant Article of the Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 52 (1) and Article 55 (1) 6 of the Criminal Act to mitigate self-denunciation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant was punished by imprisonment with prison labor for more than eight months and released from prison, and committing the instant crime during the repeated crime period is disadvantageous to the defendant.

However, the defendant calls to the investigation agency after the crime of this case.

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