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(영문) 제주지방법원 2020.01.15 2019고단1844
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) by the Defendant is a person who is engaged in driving of a passenger car with B test.

On August 28, 2019, the Defendant driven the D Private Road D in Seopo-si C at Seopo-si, Seopo-si on August 28, 2019, and continued to proceed from Seopo-si to the innovation city.

At the time of night, there was a duty of care to prevent accidents in advance by reducing the speed of a person engaged in driving a motor vehicle, driving a motor vehicle, and accurately manipulating the steering and steering devices.

Nevertheless, the Defendant failed to perform the above duty of care and went away without immediately stopping the repair cost of KRW 1,567,330, such as replacement, etc. of LoED pedestrian signal, etc., which was installed at the intersection as it was due to the negligence of the Defendant, and without immediately stopping it.

2. The Defendant violated the Road Traffic Act (free license) and driven a vehicle as set forth in Paragraph 1 without obtaining a driver’s license within a section of about 300 meters from the front to the place of accident as set forth in Paragraph 1 at the time of Seoging from the date set forth in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, accident site photograph, the ledger of driver's license for motor vehicles, and written request for repair;

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 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are the same as this case, and the defendant has been punished two times by a fine for the crime of leaving the scene while driving without a license, and thereafter, a suspension of the execution of imprisonment with prison labor by driving without a license.

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