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(영문) 광주지방법원 2018.05.03 2017고단4750

도로교통법위반(사고후미조치)등

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

The defendant is also a person who is engaged in driving a cargo vehicle B.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

At around 06:30 on September 13, 2017, the Defendant, without obtaining a driver’s license, went back the freight vehicle, while neglecting the mandatory insurance policy on the front of the Dourel located in Gwangju Seo-gu, Seo-gu, Gwangju, by occupational negligence and neglecting the duty of follow-up, the Defendant escaped without taking measures such as providing relief to the injured party by immediately stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Mandatory insurance certificate;

1. The driver's license ledger;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Relevant provisions of the Act and Articles 148, 54(1) (not to take measures after destroying articles, choice of imprisonment), Article 152 subparag. 1, and 43 (Unlicensed Driving, Selection of Imprisonment) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of automobiles which are not mandatory insurance and the choice of imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant has been punished by a fine for an unlicensed driving or a traffic accident-related crime on several occasions.

In addition, it is the minimum security to compensate for damages caused by traffic accidents.