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(영문) 춘천지방법원 속초지원 2014.02.05 2013고단548

도로교통법위반(사고후미조치)

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A defendant shall be punished by imprisonment for six 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 a person who is engaged in driving a B E-P car.

On November 28, 2013, the Defendant driven the above car on November 28, 2017:25, and proceeded along the outer distance from the clock to the clock distance from the clock, while driving the clock.

In this case, the Defendant, who is engaged in driving service, has a duty of care to safely drive the vehicle, such as changing the lane in advance and checking whether there is no vehicle driving on the right side, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to avoid the EM5 car driven by D, which was by the negligence bypassing it from the right side of the course, and received the front part of the above SM5 car driven by the Defendant with the back side part of the vehicle driving by the Defendant.

Ultimately, the Defendant did not immediately stop the said SM5 car, which is owned by the victim F due to the above occupational negligence and failed to take necessary measures, such as checking whether there is a casualties, even if the Defendant destroyed the said SM5 car to be repaired by KRW 620,423.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Written estimate of general repair expenses;

1. Application of photographic Acts and subordinate statutes to photographs related to G escape incident, field verification photographs, photographs to confirm damaged vehicles shocking parts, and photographs to confirm damaged vehicles shocking parts;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Although there are extenuating circumstances, such as the fact that the defendant under Article 62 (1) of the Criminal Act has several criminal records of the same kind, including the suspension of execution, and that there is no agreement with the victim, he/she has led to confession;