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(영문) 수원지방법원 여주지원 2017.09.22 2017고단841

도로교통법위반(사고후미조치)등

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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a vehicle Bwing and Class III cargo;

On June 2, 2017, the Defendant neglected his duty to drive safely by checking well the right and the right while driving a road in front of the Gyeonggi-do Yangyang-gun, Yangyang-gun, in light of the import gate, and neglected his duty to drive safely by examining well the right and the right and the right of the front of the cargo vehicle. On the other hand, the Defendant received the utility poles managed by the two parallels of Korean power construction works installed on the right and right side of the moving direction as the front part of the said cargo vehicle.

As a result, the Defendant, by negligence in the course of performing the above duties, destroyed the utility poles to repair KRW 2,245,581, and escaped without taking necessary measures, such as removal of the disability by immediately stopping and reporting, even though the utility poles were used on the road, and a smooth traffic obstruction occurred.

2. The Defendant 1 driven the vehicle B, enclosed, and III without obtaining a driver’s license at the time and place specified in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Written estimate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. The selection of a person who commits a crime under Article 148, Article 54 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the same Act, and the selection of a person who commits a crime under any provision of the same Act;

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

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act shall be taken into account in an unfavorable circumstance that the defendant has reached a second offense of the same kind of crime.

However, in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and social ties, the defendant's perception of and reflects on his/her criminal act, compensation for all physical damage caused by his/her negligence.