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(영문) 울산지방법원 2018.05.03 2018고단659
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of two vehicles in Category D, one ton.

On January 5, 2018, the Defendant driven 22:00 on the upper breadth of the two vehicles, and proceeded from the intersection of Ulsan-gun to the intersection of Ulsan-gun about 53 kilometers at the speed of about 60 kilometers per hour from the intersection of Ulsan-gun.

At the time, there was a center line at all times, and thus, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle while properly operating the front section and the left and right of the motor vehicle, and operating the brake and steering gear in a correct manner.

Nevertheless, due to the negligence of neglecting this, the Defendant: (a) driven the said 2 vehicle by driving the said 2 vehicle on the left side of the said 2 vehicle in order to overtake the said 2 vehicle in the direction ahead of the course of the said 2 vehicle; and (b) went back to the said direction; (c) returned to the said direction; (d) received the said 2 vehicle from the left side of the said 2 vehicle to the right side of the said 2 vehicle loaded the said 2 vehicle.

As a result, the Defendant did not take necessary measures, such as immediately stopping the vehicle and taking into account the situation of damage, even though he did not repair the vehicle by negligence in the course of performing his duties so that it would amount to KRW 620,658.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs, etc.;

1. Written estimate;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Article 148 and Article 54(1) of the Road Traffic Act related to the crime of this case; Article 148 and Article 54(1) of the Act on Road Traffic; Article 54 of the Act on the Grounds for the sentencing of sentence of imprisonment with prison labor has a record of being punished four times by a violation of law (a violation of law) and a violation of road traffic law (unnecessary measures after an accident). In addition, the crime of this case has been committed even though there was a record of being punished several times by drinking, driving without a license,

(i) negligence;

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