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(영문) 대구지방법원 서부지원 2013.10.21 2012고단1425
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 19:00 on October 31, 2012, the Defendant driving a Dap Motor Vehicle without obtaining a driver’s license on the section of approximately 5 km from the roads of Seogu Daegu TG in Seo-gu, Seogu, Daegu to the roads in the Hosan-dong, Seogu, Seogu, Seogu, Seogu, Seo-gu.

2. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving a BD car.

On October 31, 2012, around 19:00, the Defendant proceeded three lanes prior to the Seogugu-gu-dong, Seogu-gu and Seogu-gu, Daegu-gu, along the speed of about 30 to 40 km from the west-gu TG room to the eposib, in the speed of about 30 to 40 km.

At the same time, since the vehicle has a lot of traffic, there is a duty of care to inform the person engaged in driving service of the direction change in advance by hand or direction direction, etc., and to prevent accidents in advance by changing the lane safely.

Nevertheless, the Defendant neglected to operate the cargo as it is in the same direction at the two-lanes of the victim C(33 years old) driving, which was operated in the same direction, and received the front part of the cargo vehicle's right-hand part on the left side of the Defendant vehicle.

Ultimately, the Defendant did not take measures necessary for preventing danger and smooth communication on the road by destroying the cargo vehicle owned by the victim to the extent that the repair cost of KRW 889,436, such as the front-hander, etc. due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. The actual situation survey report and the comparison report;

1. Application of Acts and subordinate statutes to a report on investigation (as to photographing vehicles);

1. Relevant Articles 148 and 54(1) of the Road Traffic Act (the point of action to be taken after the destruction and damage of property) concerning the crime; and

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