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(영문) 부산지방법원 2020.09.16 2020고단2830

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 11, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at Suwon District Court on February 25, 2019.

【Criminal Facts】

The Defendant is a person engaging in driving a rocketing car.

On January 28, 2020, the Defendant driven the said rocketing car without obtaining a driver's license at around 21:45, and proceeded at a speed of about 60km per hour from the north west to the south west of Seoul, Gangnam-gu, Seoul, at the speed of 113km.

At the time, the Defendant changed the course from the first lane to the second lane, and in such a case, there was a duty of care to prevent accidents by changing the course safely without impeding the normal passage of other vehicles running in the direction of changing the traffic situation to the person engaged in driving service.

Nevertheless, the Defendant neglected to do so and neglected to change the course from the first lane to the second lane of the above road, and thereby, received the front part of the D New Airport bus Co., Ltd. (owner E Co., Ltd.) in front of the said two-lane of the said road from the D New Airport Co., Ltd. (owner E Co., Ltd.).

Ultimately, the Defendant, by negligence on duty, destroyed the bus owned by the victim company and escaped without stopping and taking necessary measures despite destroying the bus so that the sum of 441,150 won, such as the board exchange, etc. on the left-hand side column by the above negligence.

Summary of Evidence

1. The defendant's legal statement C and written statement F;

1. The register of driver's licenses for motor vehicles under actual condition survey estimates; and

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant legal provisions concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment) and Article 151 of the Road Traffic Act are damage and damage of property by occupational negligence.