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(영문) 서울남부지방법원 2019.02.14 2018고정1187
도로교통법위반(사고후미조치)등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a SP car volume.

1. On June 18, 2018, the Defendant: (a) driven the above vehicle at around 15:55 on June 18, 2018; and (b) directed the front roads of Gangseo-gu Seoul Metropolitan Government C along the three-lane speed in the direction of the erode basin from the erode tunnel to the three-lane in the direction of the erode basin.

In such cases, a person engaged in driving service has a duty of care to live well well in the front line and to properly operate the steering and brake system and to safely and properly promote it.

Nevertheless, the Defendant neglected to do so and conflict with the Indian pension installed for the protection of pedestrians with the part front of the right side of the vehicle.

The Defendant, by such occupational negligence, destroyed that it is necessary to repair KRW 1,00,000,000 for the estimate of the Indian pension managed by the roads and the roads of Gangseo-gu Office due to the foregoing occupational negligence and escaped without taking necessary measures at the time of the occurrence of the traffic accident

2. The Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven the B SP car at a distance of about 1 km from D-ro in Gangseo-gu Seoul Metropolitan Government to C-ro in Gangseo-gu without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. A report on internal investigation, on-site photographs;

1. Application of the statutes on the register of driver's licenses;

1. Relevant laws, Articles 148 and 54 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the selection of fines for crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, while his/her license was revoked due to drunk driving, was driven without a license, and that the Defendant runs away from the scene without taking any measures, even if he/she causes a traffic accident.

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