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(영문) 대구지방법원 2017.05.26 2016고정2142
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2016 High Court 2143] The defendant is a person who is engaged in driving Cchip motor vehicles.

On August 14, 2016, the Defendant driven the above car at around 01:10, and stopped one lane in front of the “E” located in Daegu Dong-gu, Daegu Dong-gu, in order to turn to the left from the three-lanes of the flag to the four-lanes of filial trees.

A person engaged in driving service has a duty of care to ensure that he/she has a good view on the front side and to prevent accidents by accurately manipulating the brake system.

Nevertheless, the Defendant neglected to operate the brakes in the same lane due to occupational negligence that did not accurately operate the brakes, and received a part of G taxi in the driving of the Victim F(64) which was parked in the same lane (64) from the front part of the franchise-low vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the panfer, etc. following the 350,288 won of the repair cost, and did not immediately stop and take necessary measures at the site, and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report and a photo of black stuffs;

1. Application of written estimate, accident scene, and vehicle photographing statutes;

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

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

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

1. [2016 High Court Decision 2142] Cases

A. The Defendant in this part of the facts charged is a person engaging in Cchip driving service for automobiles.

On July 25, 2016, the Defendant: (a) driven the above vehicle around 23:00 and, (b) obstructed the sidewalk to enter the road at the cafeteria parking lot located in Daegu-gu H, Daegu-gu; (c) thus, the Defendant had a duty of care to verify and drive the vehicle with no pedestrians who temporarily stop to drive.

Nevertheless, the defendant neglected to do so.

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