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(영문) 대전지방법원 서산지원 2015.04.08 2014고단1095
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 engaging in driving a car in the SPP area.

On November 1, 2014, the Defendant driven the said car at a speed of about 30-40 km from the original oil station to the intersection of two lanes in front of the E Convenience point in D at the time of the ruling party, along the two-lanes from the original oil station at the speed of about 30-40 km.

At the time, there are nights and there is a intersection where the passage of vehicles is frequent, so there was a duty of care to prevent accidents in advance by proceeding with the driver of the vehicle after checking the traffic situation of the intersection by temporarily stopping or slowly going through the intersection before entering the intersection, and by checking well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and went on to the right-hand side of the G Bus driven by the victim F who is driving on the right-hand side of the intersection due to negligence, and received the back part of the G Bus as the front-hand part of the car of the Defendant.

Ultimately, the Defendant did not immediately stop and take necessary measures after destroying the bus with the repair cost equivalent to KRW 1,910,90,00, such as engine room LID exchange and maintenance, etc. after the above occupational negligence.

2. Violation of the Road Traffic Act;

A. A. Around October 31, 2014, the Defendant driven a vehicle for SP-type C without obtaining a driver’s license at a section of about 11 km from the Defendant’s house located in J on October 31, 2014 to the training center located in the high-level city of 21:30 on the same day from October 31, 2014 to the training center located in the high-level city of 11km.

B. On November 1, 2014, around 04:40 on November 1, 201, the Defendant driven a C SP-type car without obtaining a driver’s license within a 5km section from the Siljin Terminal located in Sil-si, Sil-si to the Defendant’s house located in Sil-si, from around 04:50 on the same day to the Defendant’s house located in Sil-si, Sil-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the Police Statement with F 1.

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