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(영문) 대구지방법원 포항지원 2020.02.20 2019고단1616
도로교통법위반(사고후미조치)등
Text

The punishment of the accused shall be four months by imprisonment.

Reasons

Punishment of the crime

[criminal power] On June 21, 2017, the Defendant was sentenced to a suspended sentence of two months for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) at the port support of the Daegu District Court on June 21, 2017, and the judgment was finalized on June 29, 2017, but the suspended sentence was revoked on May 2, 2019.

【Criminal Facts】

1. The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On September 26, 2017, the Defendant, without obtaining a driver's license at around 08:40 on September 26, 2017, driven the said car, leading the “D” front of the 'D' in the north-gu C at the port of port to the private distance from the north-gu at the port of port.

Since there is a frequent length of motor vehicle traffic, there was a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as helping people engaged in driving of the motor vehicle well, securing safety distance, etc.

Nevertheless, the Defendant neglected to do so and found out the Fchip taxi of the victim E driving, which was proceeding earlier due to negligence, late, and received the back part of the said taxi as the front part of the said car.

Ultimately, the Defendant, by the above occupational negligence, did not immediately stop the said taxi owned by the victim and take necessary measures, such as aiding the victim, even though the Defendant destroyed the said taxi to the extent of 607,286 won.

2. On September 26, 2017, the Defendant, without obtaining a driver’s license, driven the BM5 vehicle from the H in the north-gu G at the port to the D neighboring road located in the same Gu C at approximately 100 meters from the 100-meter section without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Written estimate and the register of driver's license;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Criminal facts;

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