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(영문) 인천지방법원 부천지원 2012.12.12 2012고단303

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (not including accident-free measures) shall be acquitted.

Reasons

Punishment of the crime

At around 18:30 on January 27, 2012, the Defendant driven a car with approximately KRW 40K from the 603rd Hadodon 603 on the road to the 368 front Hacheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul, without the driver’s license.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to the register of car driving licenses and car driving licenses;

1. As to the portion of not guilty of imprisonment with prison labor, Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selected portion of the crime;

1. A summary of the facts charged as to the violation of the Road Traffic Act (the measures not to be taken after accidents) is a person engaging in driving a vehicle B in driving a vehicle.

On January 27, 2012, the Defendant driven the above vehicle without a driver's license, and passed it to the road at the On-Road Parking Lots 368, Seocheon-gu, Seocheon-gu, 368.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle in a way that the driver of a motor vehicle can live well after the front door.

Nevertheless, the Defendant neglected to do so, and was parked on the rear side of the Mad-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Led-Wed-Wed

The Defendant, by the above occupational negligence, destroyed the repair cost equivalent to KRW 464,255, such as the fee for repair, and escaped without taking necessary measures even though he/she did so.

2. The purpose of Article 54 (1) of the Road Traffic Act is to ensure the safe and smooth flow of traffic by preventing and removing traffic dangers and obstacles occurring on roads, and it does not aim at restoring victims' damage.

In such cases, measures to be taken by the driver shall be in accordance with the specific circumstances, such as the details of the accident and the degree of damage.