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(영문) 청주지방법원 충주지원 2018.10.12 2018고단114

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Csch Rexton car.

On February 23, 2018, the Defendant driven the above car at around 00:39, and continued to drive the car at around 00:39, the 12-lane 51-lane Do-ro 51.

At the same time, there was a duty of care to accurately operate steering gear, etc. with the view to the front door, since the rocketing car of D Driving, G New-F Driving G-Kit Bus was parked.

Nevertheless, the Defendant was negligent in neglecting the duty at the front time of the bus and received the said rocketing car as the front part of the Defendant vehicle, and the shocked the front part of the bus with the shocking car in the future.

Ultimately, the Defendant caused a traffic accident that damages a vehicle to cover KRW 5,359,880, bus repair cost, and KRW 282,641 of bus repair cost due to the above occupational negligence, and escaped after leaving the vehicle at the site.

2. On February 23, 2018, the Defendant driven a vehicle without a driver’s license in the section of about 50 meters from the front of the cafeteria “Sestma Pyeong Sea Station” located in the Geum-si, Chungcheongnam-si, Chungcheongnam-si to the road located in the 51-gil 51-ro, Chungcheongnam-si, Chungcheongnam-do, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Written estimate;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (unnecessary measures against accidents, choice of imprisonment, and option of imprisonment) of the Road Traffic Act, and Articles 152 Subparag. 1 and 43 of the Road Traffic Act;

1. The fact that a sentence of imprisonment with prison labor is imposed in consideration of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the majority of the previous drivers without the reason for sentencing, the absence of trial intention, and the degree of accident, but the victims expressed their intention not to punish the defendant.