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(영문) 전주지방법원 정읍지원 2014.09.18 2014고단376

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving a CFS car.

On July 19, 2014, the Defendant driven C Cost Star Car on July 11, 2011:30, and led to the rapid speed of the road near the 3rd village in the west-gun in the west-gun of the Jeonbuk-gun.

At this point, the road was a bend of a narrow narrow one lane, so there was a duty of care to reduce the speed to those engaged in driving of the motor vehicle and to prevent accidents in advance by maintaining the tea line.

그럼에도 불구하고 피고인은 이를 게을리 하여 졸음운전을 한 과실로 중앙선을 침범하여 마침 반대방향에서 마주오던 피해자 D(여, 30세)가 운전하는 E 아반떼 승용 차량의 빽미러를 피의 차량의 운전석 쪽 앞 휀다부위로 충격하여 아반테 차량을 손괴하고도, 즉시 정차하여 필요한 조치를 취하지 아니한 채 현장을 이탈하였다.

2. On July 19, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) around November 11:30, 2014, at the home of the Defendant’s office located in F of the Jeonbuk-gun located in the same military sub-Gun F, via the Korean New Flag and the parking lot located in the same military sub-Gun, and again, drive the Cone Star car without obtaining a driver’s license at the section of about 20km up to the above domicile.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Statement of D police statement;

1. Application of the statutes on the register of driver's licenses (Mal-1 driver);

1. Relevant laws, Articles 148 and 54 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the selection of fines for crimes;

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

1. The fact that the provisional payment order has a record of being punished several times for the same kind of crime for sentencing in Article 334(1) of the Criminal Procedure Act, and is caused by the same crime.