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(영문) 의정부지방법원 2018.05.31 2018고정666
도로교통법위반(사고후미조치)
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 engaged in driving of B Lastren's car quantity.

On January 23, 2018, the Defendant driven the above-mentioned vehicle around 23:48, and proceeded directly over the two-lanes from the National Highway No. 536-1, 47, e.g., grain in Nam-si, Namyang-si, to the first two-lanes among the two-lanes.

While the Defendant neglected the duty of safety care and was proceeding in a direct progress, the Defendant shocked the centralized separation zone (Written estimate 2,200,000) from the front part of the driver's seat of the vehicle in question.

In such cases, when a defendant who is a driver causes death or injury to another person or damages goods due to the traffic of a motor vehicle, he/she shall immediately stop the motor vehicle and take necessary measures, and is obliged to take measures necessary to prevent danger on the road and ensure smooth flow, or to report without delay to a nearby national police agency

Nevertheless, the defendant escaped without necessary measures, such as leaving the vehicle alone on the one-lane road of the two-lane road.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, a report on occurrence, a list of reports processing 112, a tea inquiry, a field photograph, and a written estimate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; and (b) the primary offender who has no record of criminal punishment is recognized as a favorable circumstance for the Defendant.

However, even though the defendant caused physical accidents involving central separation, the crime of this case, leaving the site without leaving the vehicle on the road, is not less than that of the crime in light of the contents and methods of the crime, and is not less than that of the crime, and the vehicle on the national highway, which is a two-lane, is in danger of substantial traffic hindrance and danger.

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