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(영문) 서울중앙지방법원 2019.08.30 2019고단1582

도로교통법위반(사고후미조치)등

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The punishment of the accused shall be eight months by imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AF) by negligence, even though the Defendant was parked on the way at night while driving a e-mail e-mail car at around 06:10 on December 8, 2018 and driving a e-mail car at around the direction of the road in Gangnam-gu Seoul, Seoul, toward the direction of the backway, while driving the e-mail car at night, the Defendant did not take necessary measures, such as immediately stopping and checking the degree of damage, by failing to accurately operate the steering gear and steering apparatus without looking at the e-mail of the victim D (Nam, 25 years old) parked on the right side of the road in the direction of the proceeding, by shocking the back part of the upper part of the e-mail passenger car of the victim D (Nam, 25 years old), which is parked on the right side of the vehicle of the Defendant, thereby damaging the repair cost of KRW 10,942,80.

2. On December 8, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving the car as referred to in the preceding paragraph on the front road of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul at approximately 5km from the front road of Gangnam-gu Seoul to the front road of G.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report, a actual condition survey report, and CCTV images;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148, Article 54 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts;

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;