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(영문) 인천지방법원 2018.05.30 2018고단1693

도로교통법위반(사고후미조치)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to one year of probation on December 14, 2017 to six months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on December 22, 2017, and is currently under probation.

[Criminal facts] The Defendant is a person engaged in driving a B MINI Cooper’s car.

1. On February 10, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said vehicle without obtaining a driver’s license on around 01:00 on February 10, 2018, and driving the said vehicle on the 1km section from around the 98 Mai-ro, Bupyeong-gu, Incheon, to around the 82-ro, 18 km to the hotel in front of the same 18 km.

2. Violation of the Road Traffic Act (Measures Not to be Taken after Accidents) Defendant 1 driven the above-day border and the above-mentioned car, and had the same intersection with no signal signal signal signaled in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, from the surface of the digging bridge to the plane-side surface.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by checking and proceeding that the driver of a motor vehicle should not easily report the reverse traffic situation by reducing the speed prior to entering the intersection and entering the front and right by entering the intersection.

Nevertheless, the Defendant neglected to do so and proceed to the left side of the Defendant’s proceeding, and received the front right part of the Victim E(68) drive of the FF Costa car, which was going to the right side from the left side of the Defendant’s proceeding, with the front part of the MINI cooper’s car.

Ultimately, the Defendant did not immediately stop the car and take necessary measures at the time of the occurrence of the traffic accident, even though he damages the repair cost of the car of the car of the car of the victim E, which is owned by the victim E due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. The relevant Article of the Act and the traffic law of choice of punishment concerning the facts constituting the crime;