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(영문) 인천지방법원 부천지원 2015.05.20 2015고단531
도로교통법위반(사고후미조치)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurd-Wurt Motor Vehicle.

On January 9, 2015, the Defendant driven the above vehicle at around 07:15, and continued to drive the vehicle in front of the Hancheon-gu Seoul Special Metropolitan City D and changed the course.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering and brakes well, and driving the steering and brakes accurately.

Nevertheless, the Defendant neglected this and caused the negligence of changing the course of the Defendant’s vehicle, thereby damaging the part of the driver’s studio behind the driver’s seat of the F urban bus driven by the victim E (the age of 44) who was driving on the right side of the Defendant’s vehicle, to damage the damaged vehicle’s repair cost of KRW 832,60,00, and leaving the scene without taking any measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of E;

1. Statement of the actual survey report;

1. A statement in a written estimate;

1. Each image of photograph and accident CD [the defendant and his defense counsel claimed that the accident in this case was a simple contact incident that did not follow measures after the accident, such as scattering, and thus, it is difficult to view that the defendant was obligated to take measures after the accident. Thus, whether the defendant took necessary measures under Article 54(1) of the Road Traffic Act or not shall be determined depending on whether the defendant took measures to the extent ordinarily required for sound cultivation in light of the circumstances at the accident site, such as the content of the accident, the degree and degree of damage, etc. (see, e.g., Supreme Court Decision 93Do2346, Nov. 26, 1993). The following circumstances acknowledged by the evidence duly adopted and investigated by the court, i.e.,, the defendant stopped the victim by turning on a dart immediately after the accident in this case (07:11:48) and stopping the victim in light of light.

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