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(영문) 인천지방법원 2018.07.06 2017고정2657

도로교통법위반(사고후미조치)등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of a motor vehicle in the BV period of time.

On April 20, 2017, around 22:50, the Defendant proceeded at a speed of about 60 km from the direction of the State to the elementary intersection of the drawing, along the two-lanes from the direction of the port to the intersection of the drawing.

A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.

Nevertheless, the Defendant neglected to drive the said car without obtaining a driver’s license and neglected to do so on the front day of the vehicle, and was parked on three-lanes of the victim D, and received the back part of the left side of the Eone Starsch.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the repair vision of the said Lone Star Co., Ltd., but did not immediately stop and take necessary measures and escaped without any necessary measures.

2. Around 18:30 on April 20, 2017, the Defendant driven a BN model without obtaining a driver’s license from a distance of about 1 km from the front side of the F apartment apartment in Bupyeong-gu Incheon Metropolitan City to the front side of the Incheon Nam-gu Seoul Metropolitan City, the Defendant driven a BV model without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident (Evidence 6 pages), a survey report on actual condition, and a photograph on the scene of the accident;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (Evidence No. 40 pages);

1. Article 148, Article 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;