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(영문) 전주지방법원 2017.02.07 2016고정988
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B or B in line with others.

On September 24, 2016, 18:50, the Defendant changed the two lanes from the 00-lane to the 100-lane e.g., the 00-lane e., the m., the m. to the 0-lane e.g., the m., the m. to the m. e., the m., the m. to the m. e., the two-lane.

In such cases, the driver of a motor vehicle has a duty of care to yield the course of the motor vehicle that is being driven by using one lane in the same direction and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and caused the Defendant to enter the two lanes from one lane to one lane, and caused the Victim C driver's D's driving to take the front right side of the victim C driver's D motor vehicle in the same direction into the front side of the Defendant's driving, and damaged the C motor vehicle with approximately KRW 374,208 of the repair cost.

However, the Defendant immediately stopped and did not take necessary measures such as checking the damage status.

2. On September 24, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driven the said van at a section of about 20km away from the front side of the white-gu in Yak-gu, Kim Jong-si to the front side of the Yak-si, Kim Jong-si without a driver’s license, to the front side of the intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

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

1. The driver's license ledger (the No. 6th of the evidence list, the 16th of the evidence record);

1. Written estimate;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54 (1) of the Road Traffic Act (the point of taking any measure after a traffic accident), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of driving without a license), and the selection of fines;

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. The Criminal Act to attract a workhouse;

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