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(영문) 창원지방법원 통영지원 2016.04.04 2016고정65
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. On November 16, 2015, the Defendant violated the Road Traffic Act (unnecessary measures after accidents) and the Road Traffic Act (hereinafter “Road Traffic Act”), driving a BJ car around 18:05, and moving to the bus terminal in front of C at the time of a stop the intersection from the right edge of the C at the time of a stop to the intersection of an open bus.

A person engaged in driving service has a duty of care to ensure that he/she should accurately operate the operation of the operation and steering gear while keeping the steering room well, if any, prior to the vehicle.

However, the Defendant neglected to drive the vehicle and neglected to drive it on the front side of the same lane, and received the part of the driver’s vehicle behind the Defendant’s driving vehicle, which stopped in order to make a right-hand prior to the same lane.

After spreading the damaged vehicle due to the above occupational negligence, the Defendant escaped without any measure, even though he damaged the repair cost of the US light to the extent equivalent to KRW 50,000.

2. On November 16, 2015, the Defendant violated the Guarantee of Automobile Compensation Act: (a) drive the said vehicle as a holder of B AV car, which was not covered by mandatory insurance on November 16, 2015; and (b) operated approximately 3 km from front of the Western House located in the West-dong, to the front of the G building 214-dong.

3. The Defendant violating the Road Traffic Act (unlicensed driving) is under the suspension period of driver’s license from November 15, 2015 to February 22, 2016.

However, the Defendant Non-licensed 3 km from November 16, 2015 to the front road of the Western House located in the Seo-dong, Seo-dong, Seo-gu, Go-si, G, 214.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. E statements;

1. A traffic accident report;

1. The ledger of driver's licenses, inquiry into the grounds for disqualification of the main office, and details of suspension of licenses;

1. Inquiry into mandatory insurance;

1. Application of the relevant Acts and subordinate statutes to video CDs and photographs;

1. Relevant provisions of the Act and Articles 148, 54(1) (a) and 151 (a point where any measure is not taken after an accident) of the Road Traffic Act concerning facts constituting an offense, as well as the selective punishment.

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