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(영문) 광주지방법원 해남지원 2019.02.14 2018고단445
도로교통법위반(사고후미조치)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act in the support of the Gwangju metropolitan District Court, and the judgment became final and conclusive on the 19th of the same month.

【Criminal Facts】

1. The Defendant is a person engaging in driving service of a vehicle B put to B.

On August 23, 2018, the Defendant driven the said car without a driver's license on August 17, 2018, and led the two-lane road in front of South-Namnam-gun, Seoul to proceed toward the direction of the gate in the direction of the yellow-do.

In such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the steering side and the steering system for those engaged in driving service.

Nevertheless, the Defendant neglected this and proceeded without a driver’s license, and the central separation zone established at the center of the road was shocked into the left-hand side of the Defendant’s car.

The Defendant, by occupational negligence, destroyed the above central separation zone to be approximately KRW 1,066,873 of the repair cost, and went away from the site without taking any measures.

2. Around 17:40 on August 23, 2018, the Defendant, without a driver’s license, driven a B-D car at a section of about 65 km from the front of the same military apartment road to the front of the same military apartment, via the roads in front of the same military apartment, at least 65 km.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident;

1. The actual survey report on traffic accidents;

1. Accident site and vehicle photographs;

1. A photograph of drums at the accident site;

1. Written estimate;

1. Registers of driver's licenses;

1. Copy of a course of the Internet FGuidance search screen;

1. Reports on internal accidents (the current state of the accident scene);

1. Previous records: A reply to inquiries about criminal records, etc., investigation report (verification of crimes during the period of suspension of execution of sentence), copy of judgment, and application of statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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