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(영문) 수원지방법원 2016.09.08 2016고정1869

도로교통법위반(사고후미조치)등

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

1. The Defendant is a person who is engaged in driving service of BCA110V Obab

On August 21, 2015, the Defendant, without obtaining a license for a bicycle for a motor device of light 20:40, driven the above Oralb, and driven the front road of the death failure in 2729, as the water zone mechanism, along the four-lanes from the edge of the death to the distance of the death front at the distance of the death front.

Since there was a preceding vehicle on the fourth lane prior to the operation of the vehicle, in such a case, there was a duty of care to safely drive the vehicle while accurately checking the progress of the preceding vehicle by placing the front door to the person engaged in driving the vehicle.

Nevertheless, the Defendant neglected this and failed to stop immediately and take necessary measures, such as the management of accidents, by neglecting the part on the right side of the damaged vehicle, to move the damaged vehicle to the right side of the victim C driving D A4 vehicle, which was trying to move to the right side of the damaged vehicle with the right side of the victim D driving D, which was trying to move to the right side of the damaged vehicle.

2. Violation of the Road Traffic Act (unlicensed Driving) driving the BCA 1105 Mababa in a section of about 3 km from the front of the 3km-ro 31-gil (Fungcheon-dong) to the place of the accident at which the front of the knives of the knives of the Sejong-si (Fungcheon-dong), the Defendant did not obtain a license for a bicycle for a one-time motor device similar to the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. Written estimate;

1. Application of Acts and subordinate statutes to a motor vehicle insurance policy (B);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of an accident and the selection of a fine) of the Road Traffic Act, and Articles 154 Subparag. 2 and 43 of the Road Traffic Act (the occupation of driving without a license and the selection of a fine);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.