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(영문) 부산지방법원 동부지원 2013.08.28 2013고단2224

도로교통법위반(사고후미조치)등

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1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:55 on May 23, 2013, the Defendant was driving a vehicle of 200 meters from the date of the aid swine cafeteria(s) restaurant located in the Dong-ri, Eup, Myeon-gun, Busan, to the front road of the Dong-ri, Do-dong, Busan, the captain of the vessel, without obtaining a driver’s license, at approximately 800 meters from the front road of the Dong-ri, Do-dong, the captain of the vessel.

2. The Defendant in violation of the Road Traffic Act is a person engaged in driving a B-to-pur vehicle.

On May 23, 2013, the Defendant driven the above car on May 22:5, 2013, and led to the front side of the Dowho-ri, Busan, the captain of the vessel, to the direction of the transmission from the direction of the plane captain.

At the time, since the vehicle was driven on the road in which the vehicle is parked, there was a duty of care to prevent the accident in advance by taking into account the movement of other vehicles parked on the front side.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s driver’s vehicle facing each other, and received the part of the Defendant’s driver’s seat prior to the driver’s seat in the Done Star car, the victim C, who is the owner of the Defendant’s vehicle, in transit.

Ultimately, the Defendant, by occupational negligence as above, damaged the said Lone Star Co-ownership in KRW 2,410,466 to repair the said Lone Star Co-ownership.

3. The Defendant, at the above time and at the above place, failed to take necessary measures, such as the prevention and removal of traffic hazards and obstacles, by immediately stopping the said knife vehicle owned by the victim C by negligence in the course of performing his/her duties, even though it damages KRW 2,410,466.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of a witness;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as identifying victims and specifying the amount of damage;

1. Relevant provisions concerning facts constituting an offense;

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