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(영문) 인천지방법원부천지원 2020.08.13 2020고단1583
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B 125CC GPD125A motor bicycles.

At around 16:40 on March 25, 2020, the Defendant driven the above motorcycle without obtaining a motorcycle driver's license from around 10km section of approximately 10km to the front road of the Gyeonggi-gu Incheon Metropolitan City's "Dance Road" located in Gyeonggi-si, and had the three-lane road ahead of the above "Drick Road" go to the left from the opposite side.

In such cases, there was a duty of care to make a left turn after checking the right and the right and the right before the left turn to the person engaged in driving of a motorcycle and checking the safety of the course.

Nevertheless, the Defendant, by negligence left the left at a three-lane, failed to take necessary measures, such as immediately stopping the said taxi and providing personal information to the victim, and left the scene without taking necessary measures, even though the Defendant’s front front part of the Victim F (F, South, 72 years old) driving Gysta taxi was shocked with the Defendant’s motorcycle side part.

Summary of Evidence

1. Application of the Act and subordinate statutes to photograph the Defendant’s legal statement F, investigation report on actual condition of the Defendant’s statement, photograph, estimate, driver’s license register, and black fluore to the accident-related ctv course;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of driving without a license and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., Article 62(1)); Article 62(1));

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