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(영문) 인천지방법원 2018.08.13 2018고단4743
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 who is engaged in driving a Brane car.

On March 19, 2018, the Defendant driven the above car at around 03:05, and driven it at around 03:05, in accordance with one-lane distance from the edge of the horse to the distance from gym of gymology, since the two-lanes of the front of the 822 galm of the city of Gyeyang-gu, Incheon.

In this case, the defendant who is engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear by properly operating the steering gear and the steering gear in the front and rear.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle as it is, and thereby, received the “unauthorized crossing-prevention fences” installed at the center of the road as the front part of the Defendant’s driving.

Ultimately, the Defendant did not immediately stop and take necessary measures despite the Defendant’s negligence on the part of the aforementioned occupational negligence so that the repair cost is destroyed to the “unauthorized crossing-prevention fences”.

2. Around March 19, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the 4km section from March 19, 2018 to Samsung Home Town, which is the starting place, through the housing sites in the same operation Dong from Seo-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon, without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A written confirmation of damage;

1. A written inquiry, such as the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to the scene of an accident and photographs of vehicles;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) of the Road Traffic Act (the occupation of any measure that is not taken after property is damaged), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (the occupation of unauthorized Driving), and 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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