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(영문) 서울서부지방법원 2018.11.08 2018고단2481
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a vehicle BAD in violation of the Road Traffic Act (not after the accident).

On June 13, 2018, the Defendant driven the said car without obtaining a driver's license from 00:05 on June 13, 2018, while driving the said car along the three-lane road in front of the Mapo-gu Seoul Metropolitan City 235 World Cup, along the two-lanes from the direction of the World Cup stadium to the direction of the Sungsan.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system by thoroughly examining the steering direction and the left and right of the motor vehicle.

Nevertheless, the Defendant was negligent by removing a light from the brake in the situation of stopping along the signal signal at the front of the Defendant’s car and by allowing the Defendant to proceed with the vehicle. The lower part of the DMW car driven by the victim C(28 years old) who was standing in the atmosphere in front of the vehicle in front of the Defendant’s car was received as the front part of the Defendant’s car.

Ultimately, the Defendant, by the above occupational negligence, destroyed the said BMW car to be in excess of KRW 1,052,476 for repair costs, and escaped without taking necessary measures.

2. Defendant 1 driving a e-mail without obtaining a driver’s license from the front day of the Sungsan Rental apartment in Mapo-gu Seoul, Mapo-gu, Seoul, to the front day of the 207 World Cup on January 1, 201, to the road of about 4 km in Seoul Mapo-gu, Seoul, the e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C, E, F, and G;

1. Application of the actual condition survey report on traffic accidents, the specifications of automobile inspection and maintenance, and the ledger of driver's licenses Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) of the Road Traffic Act (the occupation of any measure not taken after an accident), Article 152 Subparag. 1, 43 of the Road Traffic Act (the occupation of unauthorized Driving), and each imprisonment with prison labor;

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