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(영문) 서울남부지방법원 2014.10.02 2014고단3025
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. A person who is engaged in the operation of a B white cruise car(s) by the Defendant in violation of the Road Traffic Act(s).

On August 4, 2014, at around 04:07, the Defendant driven the said car and opened the three-lane road in front of Hyundai Motor Agency, Guro-gu, Seoul, at a speed of about 50km per hour according to three-lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by taking into account and proceeding well with a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so and did not look well at the front side of the vehicle of the Defendant and was parked on the side of the three-lane road in the direction of the course by the negligence of driving on the roadside, and received the rear part of the C New Zealand charter chartered bus owned by the two-lane tourer as the front part of the Defendant’s vehicle.

After all, the Defendant, by negligence in the course of performing the above duties, destroyed the above bus to the extent of approximately KRW 1,190,618 and escaped without immediately stopping the bus and taking necessary measures.

2. Violation of the Road Traffic Act (Free License) around 04:00 on August 4, 2014, the Defendant: (a) opened the road from the front side of the Jinsung Institute at a luminous-dong to the front side of the Jinsung Institute; (b) around 04:10 on the same day; (c) opened the Guro-gu Seoul Metropolitan Government opening the road and driving the said B-cr-car without obtaining a driver’s license at the section of approximately 1 km from the front side of the 2nd autonomous police station.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148, 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act;

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