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(영문) 춘천지방법원 원주지원 2017.08.09 2017고단555

도로교통법위반(사고후미조치)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 January 4, 2017, the Defendant driven the above car at around 21:15, and had the two-lanes of the line No. 19 of the National Highway Between the primeju, which is located in the management of the town at the time of the original city, proceed along the two-lanes of the line No. 19 of the National Highway Between the primeju, which is located in the management of the town at the time of the original city.

At the time of night, since there was a defect in the front door, there was a duty of care to see the front door to the driver of the motor vehicle and to safely drive the brake and steering gear by properly manipulating it.

그럼에도 피고인은 이를 게을리 한 채 그대로 진행한 과실로 조향장치를 잘못 조작하여 위 승용차의 운전석 쪽 앞 범퍼 부분으로 중앙 분리대를 들이받고 튕겨 나가 재차 운전석 쪽 뒷 범퍼 부분으로 가드레일을 충격하여 그곳에 있던 중앙 분리대와 가드레일을 수리 비 미상이 들도록 손괴하고, 피고 인의 차량 파편과 적재함에 있던 난로, 공구 등을 도로에 비산시켜 도로 교통상의 장애를 발생시켰음에도 즉시 정차하여 도로에서의 위험방지와 원할한 소통을 위한 필요한 조치를 취하지 아니하고 그대로 사고 현장을 이탈해 도주하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each statement of C, D, E, F, and G;

1. Application of statutes on field photographs;

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act and the selection of punishment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records, such as Defendant’s age, sexual conduct, environment, motive for and circumstances after committing a crime, etc. shall be determined as ordered in consideration of the following circumstances.

The defendant's accident of this case is disadvantageous.