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(영문) 광주지방법원 2016.12.22 2016고단4454
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a motor vehicle of the OCOC car.

On July 23, 2016, the Defendant driven the above vehicle without obtaining a driver's license on July 23, 2016, and driven the two-lane road in front of the Jeonnam-gun Pool P, Youngnam-gun, along the two-lanes of the G police box, from the front of the G police box to the front apartment room.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering gear, steering system, etc.

Nevertheless, by neglecting this, the Defendant was negligent in proceeding, and the part on the back of the passenger car owned by Q Q that was parked on the right side of the Defendant’s proceeding was received as the front part of the Defendant’s vehicle.

Ultimately, the Defendant did not take necessary measures in the event of a traffic accident, even though he damages the said gallon car to the extent equivalent to KRW 3,470,608 of the repair cost due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven an OCocC car without obtaining a driver’s license from the front road of the Aeronautical Hospital located in the Young-gun, Young-gu, Young-gun, Young-gu, Seoul, to the 57 km roads in the same Eup/Myeon area from the front road to the 73 km road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Application of traffic accident reports, the register of driver's licenses, estimates, and photographs and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment without prison labor, respectively;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders is that the crime of this case is for driving without a license.

The nature of the crime is not good because it has escaped without any measure even though it has caused a traffic accident.

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