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(영문) 수원지방법원 여주지원 2014.10.06 2014고정321
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 15:45 on August 12, 2012, the Defendant violated the Road Traffic Act (i.e., after-accident) (i., the driver’s license) and (ii) around 325 local highways in front of the bus stops in 1strop of the Hocheon-si Ho-si, the Hocheon-si Ho-si Ho-si Hoon-si Ho-si, the Gyeonggi-do head of the Sincheon-si, the Defendant proceeded at a speed of about 60km per hour.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to not drive the motor vehicle in such a state as to avoid normal driving due to sufficient rest.

Nevertheless, the Defendant neglected to do so and was driven by the victim D prior to a close-down due to negligence, and received the back part of the loading box of the Epoter, spokeer, and to the front part of the said Apour of the cargo vehicle, which was driven by the victim D.

Accordingly, as seen above, the Defendant, by negligence in the course of performing his duties, destroyed to have approximately KRW 244,215 of the repair cost, and escaped without immediately stopping and taking necessary measures.

2. Although the Defendant is prohibited from operating a motor vehicle on the road which was not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the motor vehicle owned by the Defendant, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on traffic accidents, on-site and photographs of damaged vehicles;

1. A traffic accident report;

1. Inquiry into mandatory insurance;

1. Application of written estimate of general repair costs to Acts and subordinate statutes;

1. Relevant statutory provisions concerning facts constituting an offense, Articles 148 and 54(1) of the Road Traffic Act (the point of taking measures after destroying and damaging objects), Articles 46(2) and 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369, Oct. 22, 2012); the choice of fines, respectively,

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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