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(영문) 춘천지방법원 강릉지원 2013.06.18 2013고정172
도로교통법위반(사고후미조치)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

On September 27, 2012, the Defendant driven the above vehicle without a driver's license on September 21:15, 2012, and proceeded at a speed of about 40-50 km in the speed of the Si, depending on the side of the erode of the rapid bus terminal in the erode of the same sea.

At the time, there was a duty of care to drive a motor vehicle thoroughly and secure safety distance due to the night and the flow of the front door, so a person engaged in the duties of driving a motor vehicle has a duty of care to drive the motor vehicle.

Nevertheless, by negligence, the Defendant neglected this, received as the front part of the Defendant’s driving vehicle a part of the part concerning the rear part of the Darbur XD car driven by the victim C (the age of 26) who was in the atmosphere of signal at the bend.

After all, the Defendant, by the above occupational negligence, destroyed the above Abdon X-D car to be in excess of KRW 467,50,00, and immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Photographs related to traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A written statement of the occurrence of a traffic accident C;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment (the point of failing to take measures after an accident, the selection of fines) and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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