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(영문) 수원지방법원 평택지원 2015.06.12 2015고단380
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who violates the Road Traffic Act (not after-accident) (the defendant is a person engaged in the duty of driving the B salary class and one ton cargo vehicle;

On February 8, 2015, at around 13:50, the Defendant continued to run from the sloping surface to the sloping surface, one lane prior to the three-lane distance at the entrance of a valley, in the glstal of Pyeongtaek-si.

In this case, the taxi has a duty of care to prevent accidents from smoke and safely drive the taxi by accurately operating the steering and steering system in the front side, because the taxi stops in the direction to turn to the left at the front side.

Nevertheless, the Defendant neglected this and found that the victim C (39 years of age) driven a D small-scale car at the front of the pertinent cargo vehicle by driving the D small-scale car at the front of the instant cargo vehicle and stopping the said taxi at a late time, and received the front side of the said cargo vehicle.

Ultimately, the Defendant, due to the above occupational negligence, escaped without taking necessary measures even after destroying and damaging the said car so that the amount equivalent to KRW 894,936 of the repair cost can be reached.

2. Around 13:50 on February 8, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a 1 ton of freight vehicle B without obtaining a driver’s license from a road adjacent to the authenticity of Pyeongtaek-si to the Defendant’s residence located in E and 102 km.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Statement to C by the police;

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant provisions of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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