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(영문) 창원지방법원 통영지원 2017.01.26 2016고단545
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than nine months.

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws (unlicensed driving) at the Changwon District Court on March 26, 2015 and the same year

5.4. The execution of the sentence was terminated at the detention house.

[Criminal facts] The Defendant is a person engaged in driving Bunst Motor Vehicle.

On June 30, 2015, the Defendant, without a driver's license, driven the said car from around 13:30 to 14 km in the vicinity of the branch road in the ancient city, to the national highway located in the same spons.

At the time, it is a hond road at the front section and at the front section, so there was a duty of care to safely operate the brake and steering gear by accurately manipulating the brakes and steering gear while a person engaged in driving a motor vehicle with a speed reduced.

Nevertheless, the Defendant neglected to do so and did not closely the front-round road without the driver’s license, and led the Defendant to string up the market-free street, etc. at the front-round road without the speed of the vehicle and drive the vehicle on the front-round road by negligence.

Ultimately, the Defendant, without a driver’s license, driven the said car without a driver’s license, and did not immediately stop and take necessary measures while destroying and damaging the said street to the extent of the repair cost on the part of the above occupational negligence, and escaped from the workplace.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. The actual survey report and photographs;

1. The driver's license ledger;

1. A report on internal investigation (referring to damaged street lamps);

1. Previous convictions: Inquiries about criminal history, reporting on the results of checking the previous convictions of the disposition, reporting on investigation (report on attachment of repeated records), judgment, application of Acts and subordinate statutes to the status of personal identification;

1. Relevant Article 148 of the Road Traffic Act and Articles 54(1) of the same Act concerning facts constituting an offense (after accidents);

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