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(영문) 대구지방법원 2016.09.09 2016고정1641
도로교통법위반(사고후미조치)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

1. A violation of the Road Traffic Act (after-accident) by the Defendant is a person who is engaged in driving a B rocketing motor vehicle.

On May 1, 2016, the Defendant driven the above car at around 23:30 on May 1, 2016, and led to the left-hand turn at a speed of about 30 km in speed from the gallon's respect to the front road in Daegu-gu C at a speed of about 30 km.

In such cases, a driver of a motor vehicle has a duty of care to accurately operate steering devices and brakes, and to prevent accidents in advance by safely driving on the front side and the left side.

Nevertheless, the Defendant neglected to do so and neglected to proceed on the right side of the road, followed the front side of the communications station installed on the right side of the road, D store, and F store for the operation of the victim E, and received the front side of the vehicle from the Defendant to the front side of the right side of the vehicle.

Ultimately, even though the Defendant incidental to the above amounting to KRW 13,95,00, a sum of the repairing cost, such as the above telecommunication poles, due to occupational negligence, left without immediately stopping and taking necessary measures.

2. The Defendant violated the Road Traffic Act: (a) drive the said car at the time and place specified in paragraph 1; and (b) took the front part of the F store of the victim E operation by driving the said car at the front part of the Defendant’s vehicle; and (c) incidental to the repair cost of KRW 11,200,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G and H;

1. The application of Acts and subordinate statutes to a survey report on actual conditions and a report on investigation (Attachment, such as field photographs);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148, 54(1) (a) of the Road Traffic Act, Article 151 of the Road Traffic Act (a point where measures are not taken after an accident), and the choice of fines, respectively, for the purpose of selecting a fine;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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