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(영문) 울산지방법원 2016.07.14 2016고단1325
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) on the road without a driver’s license, driving approximately KRW 2-3 km from the 38-9 (Tai-dong), Ulsan-gu, Ulsan-gu, Seoul-do, 38-9 (Tai-dong), to the entrance of the high school located in the same movement.

2. A violation of the Road Traffic Act (unnecessary measures after accidents) is a person who is engaged in driving of a small-sized cargo vehicle with the B B Poter’s early spacks.

Defendant 1 driven the above vehicle at the same time and place as the above Paragraph 1, and proceeded to the front side of the multi-time elementary school in Ulsan-gu Multi-dong, Ulsan-gu, with the front side of the multi-time elementary school from Sauri-ri to the multi-time elementary school.

However, since there is a place that enters the road of six-lanes from each other, in such a case, a person engaged in driving service has a duty of care to prevent accidents by entering the road so that it does not interfere with the operation of the vehicle that is straight by properly examining the right and the right of the front side.

Nevertheless, as seen above, the part of the victim C(22) driver's right side of the motor vehicle of the victim C(22) driver's wheeling the above road from the left side to the right side by neglecting the driver's license and entering the road as it is, was taken into the front part of the above cargo driver's vehicle.

Ultimately, the Defendant, by occupational negligence as above, destroyed the car to use approximately KRW 981,200 to repair the car, and immediately stopped and escaped without taking necessary measures to prevent and eliminate the danger and obstacle to the traffic, and ensure safe and smooth traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. The driver's license ledger;

1. Written estimate;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

1. Articles 148 and 54(1) (a) of the Road Traffic Act and the Road Traffic Act concerning facts constituting an offense.

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