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(영문) 수원지방법원 안산지원 2015.06.12 2015고단1181
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

1. On March 25, 2015, the Defendant, without a vehicle driver’s license, driven a Crens vehicle at approximately 13 km section from the Do near the mountain basin in the members of Ansan-si to the road near the Sinsan-dong in the city of Ansan-si without a vehicle driver’s license.

2. Violation of the Road Traffic Act (AFS) by driving the vehicles referred to in paragraph (1) of the same Article at a temporary border such as paragraph (1) of the same Article, the Defendant continued the private distance of the training institute located in the original valley of the members of the Ansan-si in Ansan-si at a speed of about 70 km per hour among the five-lanes in the front area of the front area in Ansan-si.

Since there is an intersection, there was a duty of care to keep the signal well to the person engaged in driving of the motor vehicle, to see the front door, and to prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant was negligent in driving a stroke while driving a stroke, and failed to properly operate the steering gear on the part of the driver’s seat of the vehicle, which was driven by D in the direction of the traffic signal at the same lane due to occupational negligence and was driven by D on the part of the driver’s seat of the vehicle that the Defendant driven.

The Defendant, in the foregoing accident, destroyed the above damaged vehicle amounting to KRW 3,258,378, and did not immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that applies to the crime, the choice of punishment, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident and the choice of imprisonment);

1. The defendant committed the instant crime with the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes.

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