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(영문) 창원지방법원 진주지원 2013.04.10 2013고단14
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. The defendant is a person who is engaged in driving of a combined vehicle with Bwing and III.

On October 26, 2012, at around 18:40, the Defendant driven the above vehicle without a driver's license, and led to the intersection of the private distance in front of the Jinju C apartment at the village of Jinju to the jurisdiction of the Simsan post office from the village of Jinju.

In this case, the Defendant engaged in driving of a motor vehicle has a duty of care to yield the course to the vehicles having entered the intersection prior to the intersection in order to ensure the traffic situation of the intersection is well examined.

Nevertheless, without neglecting the above duty of care, the Defendant got off the part of the victim D(54 years old) drive EM5 car driving prior to the intersection from the right side of the vehicle running in accordance with the red flickering signals in the direction of the C apartment in the direction of the vehicle running from the defendant's side of the vehicle running ahead of the driver's seat of the EM5 car, as it was due to the negligence of entering the intersection as it is.

Ultimately, the Defendant, by such occupational negligence, destroyed the above vehicle owned by the victim to the extent equivalent to KRW 413,00,00 for repairing costs, such as the landing and exchange of the front offender, and escaped without taking necessary measures.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving the said van without a 2 km driver’s license from the front of his greenhouse house located in F at the time of the said temporary border to the intersection of the front of the said C apartment to the intersection of the said C apartment.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made to D by the police;

1. A traffic accident report;

1. The register of driver's licenses (No. 7 No. 5)

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after accidents), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license), and each of them;

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