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(영문) 대전지방법원 서산지원 2020.01.09 2019고단610
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of BPoter Ⅱs.

On June 23, 2019, the Defendant driven the said car without obtaining a driver's license at around 19:50 on June 23, 2019, and proceeded at a speed that would not be known by two lanes in the direction of Asan City in the direction of the Sinsi.

A person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant was negligent in driving a shock absorbing device installed at the same time while neglecting this, and received the shock absorbing device in front of the cargo of the Defendant.

Ultimately, the Defendant did not take necessary measures to destroy shocking devices for repair costs due to occupational negligence as above, but went away without leaving the Defendant’s cargo vehicle on the road as it is, without being left alone.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven B-II cargo without obtaining a driver’s license in a section of about 3 km from the front to the front road in C at the time of the temporary border as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. A report on internal investigation:

1. A report on investigation;

1. Registers of driver's licenses;

1. Application of the photographic Acts 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, Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is the defendant's driving without a license in 2016.

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