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(영문) 대전지방법원 서산지원 2015.10.29 2015고단721
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Seosan Branch of the Daejeon District Court on May 1, 2014, was sentenced to imprisonment for 8 months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Seosan Branch of the Daejeon District Court, and the judgment was finalized on May 9, 2014 and is still under probation period.

【Criminal Facts】

1. Around September 17, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) operated a DNA car without obtaining a driver’s license on the section of about 4km from the front of the new construction site of Hanjin-si apartment to the front road of the same city at the same time via the front road of the same city at the same time via the new construction site of Hanjin-si.

2. The Defendant is a person engaging in driving a DNA car.

On September 17, 2014, the Defendant driven the above car at around 19:07, and was parked at the edge of the road in front of C at the time of the advanced driving.

At the time, there are nights and vehicles parked along the side at the front and rear side, so in such cases, the driver of the vehicle has a duty of care to reduce the speed and accurately manipulate the steering and brakes at sufficient intervals to prevent accidents in advance.

Nevertheless, the Defendant neglected to park the vehicle as it is, and was parked at the front section of the said vehicle, and was charged with the front part of the said vehicle, the F-wing and the front part of the cargo vehicle, which is the ownership of the victim E, parked at the front section of the said vehicle.

Ultimately, the Defendant, due to the above occupational negligence, destroyed the above cargo vehicle so that the 304,218 won of the repair cost, such as replacement and maintenance of the front offender, etc., and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Current status survey report and the register of driver's licenses;

1. On-site photographs;

1. Application of the written estimate statutes;

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

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