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(영문) 광주지방법원 순천지원 2013.10.17 2013고단1340

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 a person engaging in driving a rocketing car.

On July 6, 2013, the Defendant, without obtaining a driver's license at around 22:30 on July 6, 2013, proceeded at a speed of about 60km per hour in the direction of a luminous police box in the direction of a luminous bridge in front of the luminous Paris of Jeonnam-gun.

This road is installed with a bridge passing along a river, and therefore, the driver of the motor vehicle has a duty of care to prevent accidents by accurately operating steering steering devices and brakes along the right line of the center line of the road and preventing accidents.

Nevertheless, the Defendant neglected to operate the steering system of the vehicle and caused the collision of the bridge owned by the Gu-gun with the front side of the right side of the vehicle.

Ultimately, the Defendant, by occupational negligence, destroyed the bridge railing amounting to KRW 1,165,00 for repair costs, and did not take any measures, and escaped without leaving the said automobile on the site.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Evidence photographs;

1. Written estimate;

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

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act (the point of operating without a license), and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;