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(영문) 수원지방법원 안산지원 2017.08.17 2017고단1508
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK5 cars.

1. On March 13, 2017, the Defendant driven the said vehicle without the driver’s license at a distance of about 3 km from around 01:31 to around 18, 201, a member’s grassland located in Ansan-si to the 18th century to the front road located in the same new road-dong located in the same Gu.

2. Violation of the Road Traffic Act (re-accident of accident) was proceeded with by the Defendant for parking in the 901 underground parking lots located in the old-dong, Sinsan-si, Nowon-si, Nowon-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), located in paragraph 1.

A person engaged in driving service has a duty of care to care in preventing accidents by accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected to do so and parked in the above place due to the negligence of the Defendant, who was the victim D and was parked in the above place, was shocked by the overall part of the car driving by the Defendant.

As a result, the Defendant did not state the foregoing vans as “the preceding crime exchange, etc.” in the indictment due to the foregoing occupational negligence, but it is merely omitted and it is determined that it does not affect the Defendant’s exercise of the right of defense. Thus, the Defendant modified it ex officio and recognized it.

It was destroyed to repair expenses in the US and did not take necessary measures to leave the site as it is.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of each statute on photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure that is not taken after destruction) of the Road Traffic Act, subparagraphs 1, 43 of Article 152 of the Road Traffic Act, and the selection of imprisonment for a specific term;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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