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(영문) 서울동부지방법원 2016.08.18 2016고단1388
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On December 3, 2014, the Defendant violated the Road Traffic Act (after-accidents), driving at around 14:45, B B 125cc Orala on December 3, 2014, and driving a three-way intersection in front of Seoul Gangdong-gu, Gangdong-gu, Seoul, toward the direction of the road driving distance from the breadth on the breadth.

At that time, a vehicle that enters the right side of the defendant's running direction by a three-distance crossing does not have a signal apparatus and can enter the intersection late, so the defendant, while the defendant, prior to proceeding, should carefully see the right and the right at the right side, and the victim E, who enters the right side of the driver's vehicle, runs away without taking necessary measures so that the above vehicle can be damaged to be 64,972 won of the repair cost by collision with the front part of the defendant's driving.

2. Defendant 1, who violated the Road Traffic Act (unlicensed driving), was driving the above Oral Ba without a motor device bicycle license at the above time and place.

3. While the Defendant was prohibited from operating the automobile on the road that was not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Damages, the Defendant operated the automobile on the said date and time, at the said place, without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. The driver's license ledger;

1. On-site report (the cause of the accident and the case accompanied by black stuffs and video CDs), the fact-finding report, and the on-site photo of the accident;

1. Application of Acts and subordinate statutes on mandatory insurance and estimates;

1. Relevant Article of the Act and Articles 148, 54(1) (the fact that measures are not taken after an accident, the choice of imprisonment), 154 Subparag. 2, 43 (the fact that a license is not granted, the selection of fines), and Articles 46(2)2 and 8 (the fact that a mandatory insurance is not bought, the choice of imprisonment is not imposed) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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