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(영문) 대구지방법원 2018.02.23 2018고단433
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 23, 2017, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act (non-licensed driving) at the Daegu District Court on November 23, 2017, and the sentence was finalized on December 1, 2017.

1. On November 23, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a C Soft-a-car from the street above the 41-ro, Seogu, Seogu, Seo-gu, Seo-gu, Seogu, Seo-gu, 1064-8, without obtaining a driver’s license on around 21:45 on November 23, 2017 to the street above the Sejong-do, Seo-gu, Seo-gu, Seo-gu.

2. On November 23, 2017, the Defendant violated the Road Traffic Act (measures after Accidents), driving the said car at around 21:45, and changing the course into a four-lane one, while driving the said car at a speed of about 40 km from the border of the Nowon-gu Nowon-gu, Daegu Bank, located in the Nowon-gu Nowon-gu, Daegu, into a two-lane one.

In this case, a person engaged in driving service has a duty of care to change the car line in a way that well sees the traffic situation before and after.

Nevertheless, the Defendant neglected this and went away without immediately stopping 490,978 won, even if he damages the said taxi to move back to the right side of the said vehicle, due to the negligence of changing the lane into a four-lane, while driving EK5 si, which was going into four-lanes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written estimate;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148, Article 54 (1) of the Road Traffic Act (a point where measures are not taken after an accident) concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a point where a person without a license driving is driving);

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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