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(영문) 광주지방법원 순천지원 2016.05.25 2015고단2386

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for one year.

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

On October 14, 2015, the Defendant was a driver of Birs Patom car, and the Defendant was driving the said car without a driver’s license on October 20, 2015, and was driving at a speed not known from the two sides of the Birsp road to the home plug at the end of the common side of the Miryang-si port.

At the time, there is a night and a place where a signal, etc. is installed, so there was a duty of care to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected this and received the part on the front side of the Defendant’s driving vehicle, which is driven by the victim C, which is driven by the victim C from the right side of the course of the Defendant’s proceeding to the left side, due to the negligence in violation of the signal.

The Defendant got away without taking necessary measures at the site while carrying out a traffic accident that causes damage to the amount equivalent to KRW 1,836,568, such as repair cost, such as the exchange of the victim’s vehicle by negligence in the course of business as above.

Summary of Evidence

The Defendant’s legal statement C’s written statement statement report, traffic accident report, internal investigation report (the details of the suspected person’s identity), investigation report (the confirmation of a black-ray vehicle image), written estimate, the driver’s license register, Article 148, Article 54(1) of the Road Traffic Act, Article 152 subparag. 1 and Article 43 of the Road Traffic Act, Article 152 subparag. 1 and Article 43 of the same Act, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, Article 62(1)2 of the Act on the Suspension of Execution of Article 50, and Article 62-2 of the Social Service Order Act, which are subject to criminal punishment for traffic accidents, such as drinking, drinking, non-driving, and non-licenseing, all of which are subject to criminal charges.