(영문) 대전지방법원 2017.12.21 2017고정1367

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(영문) 대전지방법원 2017.12.21 2017고정1367

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving service of a vehicle B K5 vehicle.

On August 23, 2017, the Defendant driven the said car at around 07:57, while driving it at the front of the “Dju shop” located in Seo-gu Daejeon, Seo-gu, Daejeon, led to the flow of the monthly distance from the fourth distance to the parallel of the monthly distance at the new road parking lot.

Since there is a parking lot in front and rear side where other vehicles are parked, the driver of the vehicle has a duty of care to safely drive the vehicle by thoroughly performing the duty of front and rear-down.

Nevertheless, the defendant, without a driver's license, driven a motor vehicle on the front side by the negligence of driving the motor vehicle, followed by the left-hand part of the Fenz E, which was parked in the front side of the motor vehicle by the victim E, and shocked into the front-hand part of the motor vehicle by the defendant.

As a result, the Defendant, while destroying the repair cost of the damaged vehicle to be approximately KRW 1,724,453 due to such occupational negligence, did not immediately stop and did not take necessary measures such as removal of danger and disability on the road.

2. On the same date and time as paragraph 1, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle BK5 vehicle without obtaining a driver’s license from the front parking lot of the Defendant’s house located in Seo-gu Daejeon to the accident site in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual condition and photographs of the vehicle involved in the accident;

1. Application of the statutes governing a written estimate;

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, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (the occupation of driving without a license), the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

참조조문

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