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(영문) 수원지방법원 안양지원 2014.06.27 2014고단186
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by a fine of 500,000 won.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 4, 2013, around 23:10 on September 4, 2013, the Defendant operated a ecoo vehicle that is not covered by mandatory insurance in Overcheon-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of the Acts concerning facts constituting an offense and Articles 46 (2) and 8 (Selection of Fine) of the Guarantee of Automobile Accident Compensation Act;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is that the Defendant is a person engaged in driving CAF car.

On September 4, 2013, around 23:10 on September 4, 2013, the Defendant was killed in order to park on the front road of Jungcheon-si.

At the time, since it was a narrow road where a vehicle was parked at night and at the same time, there was a duty of care to reduce the speed and to ensure the right and the right and the right of the driver and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and immediately stopped the part on the back side of the D QM5 driver’s seat, which was parked in the rear side due to negligence, and did not stop the said damaged vehicle to the extent of KRW 689,082, such as repair cost, by taking the back part of the D QM5 driver’s drive, and destroying the said damaged vehicle to the extent of KRW 689,082, such as penter’s repair.

2. The purport of Article 50(1) of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing traffic dangers and obstacles that may occur on roads, and not to recover physical damage to victims.

(1) In order to recover damage, a person who renders a stop immediately after causing physical damage (see, e.g., Supreme Court Decision 2002Do2001, Jun. 28, 2002).

Therefore, it cannot be deemed that a crime of violation of Article 50 (1) of the Road Traffic Act is established immediately.

According to the evidence duly adopted and examined by this court, the case occurred.

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