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(영문) 서울서부지방법원 2013.11.20 2013고정1941

도로교통법위반(사고후미조치)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CL125cc.

On February 17, 2013, the Defendant did not obtain a license for a motorcycle at around 17:50 on February 17, 2013, while driving ahead of the 602-dong Yongsan-gu Seoul Metropolitan Government in the direction of the Ycheon-do Hospital.

At that time, since the center line of yellow real lines is installed, the driver has a duty of care to prevent accidents by passing along the right side of the center line of the road.

Nevertheless, in the course of coming into a two-lane by neglecting this, the victim D was driven by the victim D with a driver's seat in the EK5 vehicle driving in one lane in the course of coming into the two-lane, and the above even door part was received as the right side of the upper part.

Ultimately, the Defendant destroyed the damaged vehicle to have approximately KRW 757,00 of the repair cost, and attempted to stop immediately and stop without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the traffic accident report, written statements on the occurrence of traffic accidents, damaged vehicles and photographs, and the statutes governing the driver's license ledger;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

1. The former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of added-up of amounts) of the Criminal Act among concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;