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(영문) 대구지방법원 서부지원 2017.01.11 2016고정1068
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 of a hurd motor vehicle B.

A. On August 15, 2016, the Defendant violated the Road Traffic Act (after-accidents), driving the said vehicle at around 21:23: (a) and driving the three-lanes from the four-lanes in Daegu Western-gu C at a speed of about 40 kilometers in speed from the long-term post office to the reduction four-lanes.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle while driving the motor vehicle at the front, left, and right, and accurately operating the steering gear, etc.

Nevertheless, due to negligence of driving a vehicle by neglecting this, the part of the back of the passenger vehicle volume of the victim E(T, 51 years old) driving was concealed into the front part of the Defendant vehicle.

Ultimately, the Defendant damaged the back of the damaged vehicle due to such occupational negligence, thereby damaging the repair cost of KRW 1,600,000, and leaving the scene without taking necessary measures.

(b) No motor vehicle shall be operated on a road which has not been subscribed to mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the defendant operated the above vehicle that is not covered by mandatory insurance, such as the above paragraph (a).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Seven copies of the photograph; and

1. Written estimate;

1. Application of Acts and subordinate statutes to tea table (Ma1), mandatory insurance inquiry (Ma1-Unregistered Vehicles), mandatory insurance (Ma1, Ma15 - 2016);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148 and 54 (1) of the Road Traffic Act (the point of taking any measure after an accident, the choice of fines), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (the point of operating a motor vehicle which has not mandatory insurance and the choice of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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