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(영문) 대구지방법원 포항지원 2019.03.21 2018고단1413
도로교통법위반(사고후미조치)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a rocketing car.

around 17:00 on October 15, 2018, the Defendant driven the said car without obtaining a driver’s license at a speed of about 20 kilometers per hour between three lanes in the direction of the Eup/Myeon office in the direction of the sub-Eup/Myeon in order to drive the said car without obtaining a driver’s license at a speed of about 20 kilometers per hour among three lanes in the direction of the sub-Eup/Myeon office.

At the time, the above place was a road from the three-lane road, and the traffic by signal apparatus was controlled by the connected road, and thus, the driver of a motor vehicle at such a place had a duty of care to prevent traffic accidents by properly manipulating the front and rear left, operating the steering gear, and operating the steering gear.

Nevertheless, the Defendant neglected to do so and received the back part of the FF truck driven driven by the victim E (the age of 68) who was in front of the Defendant, as the front part of the said car.

Ultimately, the Defendant, due to the above occupational negligence, escaped without taking necessary measures, such as removal of traffic obstacles, even though the repair cost of the above cargo was damaged by KRW 825,440.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to the ledger of each driver's license, each chassis, and written estimate;

1. Relevant legal provisions concerning criminal facts, Articles 148, 54 (1) of the Road Traffic Act (the point of not taking measures after causing damage to property in the course of performing duties), Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) [the choice of imprisonment. The reason and result of crimes, the fact that the defendant has criminal records of crimes sentenced to a fine of four times for driving without a license, driving without a license, etc.];

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the long term of each of the crimes above]

1. Suspension of execution;

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