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(영문) 대전지방법원서산지원 2020.08.26 2020고단534
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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 service of BPoter 2 cargo vehicles.

On March 20, 2020, the Defendant driven the above cargo vehicle on March 17, 2020, while driving the vehicle at a speed of about 50 km from the Myeoncheon to the west of the road in front C at the speed of about 50 km.

At that time, there is a center line of yellow-ray, so a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front time and safely drive the motor vehicle.

Nevertheless, the defendant neglected this and caused the difference between the left-hand side of the E Spati vehicle driven by the victim D, which was driven by the victim D, in the opposite direction of the defendant due to the negligence of driving the central line, with the driver's seat on the left-hand side of the cargo vehicle of the defendant.

Accordingly, even though the Defendant damaged the car in the above SPP area by occupational negligence, it was immediately stopped and escaped without taking measures such as aiding the victim, even though it was damaged by the repair cost of KRW 150,000.

2. Violation of the Road Traffic Act (Free License) driving of B 2 freight vehicles without obtaining a driver’s license within a section of about 1.6 km from the date of the temporary border as stated in paragraph (1) to the front road of the same city via C in front of the same city.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not mandatory insurance;

Nevertheless, the Defendant operated B 2 cargo vehicles which were not covered by mandatory insurance at the time and place specified in Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. CCTV video CDs;

1. On-site photographs;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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