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(영문) 대전지방법원 홍성지원 2018.06.12 2018고단198

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 20, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle C rocketing car without obtaining a driver’s license from the front of the residence of the Defendant located in Seosan-si B at the Seosan-si, Chungcheongnam-gun, Hongsung-gun, and from the upper 7km section of approximately 7km to the front road of the intersection of the road located in 471-1.

2. The Defendant is a person engaging in driving service of the said car.

The defendant driving the above car at the above date and driving the above car in front of the road to the intersection of the above upper village of the city of Seosan, the two-lanes of the two-lanes between the two-lanes in the parallel of the Hong-gun.

At the time, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving of a motor vehicle and properly manipulating the steering direction and brake system and operating it safely.

Nevertheless, the Defendant neglected to do so and proceeded along as it was left by his negligence and received the central separation stand in front of the driver’s seat of the said car, which is set up on the left side of the Defendant’s running direction.

Ultimately, the Defendant, by occupational negligence, did not immediately stop and take necessary measures, such as reporting an accident, while destroying the repair cost equivalent to KRW 1,592,267,00,00 for the central separation unit owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The ledger of driver's licenses (A: Unlicensed);

1. Application of the written estimate Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (non-licensed driving point), Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are not taken after an accident), the selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.