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(영문) 인천지방법원 2013.05.10 2012고정4132
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of one 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 BS5 car.

On January 9, 2010, the Defendant driven the above car at around 22:20 on January 22, 2010, and proceeded at the speed of 1203-2 of the Nam-gu, Incheon, Nam-gu, Incheon, at the speed of the pan apartment in the direction of the troke apartment.

At the time, vehicles are parked on both sides of the road at night and there are narrow paths where vehicles are parked, so a person engaged in driving a motor vehicle has a duty of care to safely cross and drive the motor vehicle with the vehicle coming from the opposite direction by accurately manipulating the steering gear and accurately manipulating the steering gear.

Nevertheless, the defendant neglected to do so and proceed to the opposite direction to the defendant when the defendant is over-road.

The pent part of the victim C, which was stopped, was followed by the left side of the car of the victim C and the pent part in front of the defendant's car.

Ultimately, even though the Defendant damaged the victim’s car by occupational negligence as above, the Defendant immediately stopped the car and proceeded without checking whether there was any damage, even though it was damaged by the repair cost of KRW 460,860.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. A written statement prepared in C;

1. Reports on traffic accident, photographs taken by each vehicle, and estimates;

1. Application of Acts and subordinate statutes to report on investigation (victim C Currency report);

1. Relevant legal provisions and Articles 148 and 54 (1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) that select the punishment for a crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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