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(영문) 전주지방법원 2018.01.23 2017고정724
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 20:45 on June 2, 2017, the Defendant violated the Road Traffic Act (not in action after an accident) driving a B rocketing car as a duty, and changed the lanes from the south side to the two lanes from the south side by driving a two-lane of speed near D stations in Ynsan-gu C at the time of Jeonju-si.

In such cases, the driver of a motor vehicle has a duty of care to inform the change of course in advance and drive the motor vehicle safely by checking whether there is a vehicle driving in the course of the direction intended for the change.

Nevertheless, the Defendant neglected to change the car line by negligence, and thereby destroyed the said SM6 car by taking the part on the left-hand side of the Defendant’s driving car, such as the part on the right-hand side of the Defendant’s driving car, etc., which led to the Defendant’s change of the car line.

Nevertheless, the Defendant immediately stopped and did not take necessary measures such as checking the damage status.

2. On June 2, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving approximately 1.5 km from the Sonsan Village located in the Color-dong of the front week to the same 1890-1 front road of the same color-dong without a driver’s license on June 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. The actual investigation report on traffic accidents;

1. Reports on internal accidents (specific related to the vehicles of the current year);

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. Selection of an alternative fine for a crime under Article 148, Article 54 (1), subparagraph 1 of Article 152, or Article 43 of the Road Traffic Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment has been punished several times due to drinking, driving without a license, etc.

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