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(영문) 전주지방법원 2019.01.29 2018고단2035
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. The defendant is a person who violates the Road Traffic Act (non-accident) and engages in driving service of a motor vehicle by obtaining a franchise;

On August 16, 2018, the Defendant driven the said vehicle without obtaining a driver's license at around 21:55 on August 16, 2018, and continued to drive the said vehicle along the entrance of the 64 Jinsan-gu, Seoul Metropolitan City along two lanes from the west-si to the west-do.

Since it is at night, a driver of a motor vehicle has a duty of care to prevent accidents by driving a motor vehicle with the view of the front side and the left side and safely.

Nevertheless, the Defendant neglected to do so and went away without taking measures to remove the danger and obstacle of road traffic, even though he was able to take the front part of the steering part of the KS5-A-W, which is owned by C, in the same direction as the Defendant’s vehicle, and damaged the above KS5-A-W by 1,029,774 won by driving the vehicle behind the Defendant, the Defendant failed to take measures to remove the danger and obstacle of road traffic.

2. On the one hand, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a car without obtaining a driver’s license within approximately 20 km section from the 20km section in front of the Seoul Metropolitan City F building in front of the Seoul Metropolitan City F building in front of the said city G building.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (i)

1. Report on traffic accident; and

1. Statement (C);

1. Written estimate of general repair expenses;

1. Theateral reference (E);

1. On-site investigation (on-site investigation into the place of departure from the other driver of the vehicle under consideration);

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

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment without prison labor, respectively;

1. The defendant, among concurrent crimes, is driving without a license when his license is revoked for driving under influence of alcohol. The reason for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.

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