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(영문) 서울중앙지방법원 2016.08.10 2016고정1344
도로교통법위반(사고후미조치)
Text

Defendant shall be punished by a fine of KRW 700,000.

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 Cclova vehicle.

On January 15, 2016, the defendant driving the above vehicle around 19:50, and driving the front side road of Gwanak-gu Seoul Special Metropolitan City D in the direction of the human elementary school in the direction of the constitutional elementary school.

In such cases, drivers shall accurately operate the steering system, brakes and other devices of the vehicle, and shall not drive the vehicle at such speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the vehicle, and have the duty of care to prevent accidents by driving the vehicle with due care.

Nevertheless, the Defendant neglected the duty at the front time, and caused the collision to the left-hand side of the FM5 vehicle driven by the victim E who stops on the left-hand side of the moving direction, and left the scene without taking necessary measures to damage the repair cost of KRW 469,841 to the damaged vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Written estimate of the victim;

1. A report on investigation;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant legal provisions on criminal facts, Articles 148, 54(1) of the Road Traffic Act, the selection of fines (According to each evidence of the judgment, the defendant discontinued immediately after the accident of this case, and the victim can recognize the fact by tracking the vehicle of the defendant.

Therefore, the defendant's act does not take necessary measures in recognition of the accident of this case, and it constitutes an act that leads to the risk of causing another traffic danger and obstacle while driving away from the defendant, and thus, constitutes a violation of the Road Traffic Act (unnecessary measures after the accident).

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

1. The order of provisional payment;

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