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(영문) 수원지방법원 2014.05.01 2014고단342

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who was sentenced to a suspended sentence of six months at the Suwon District Court on September 20, 2012 for a violation of the Road Traffic Act, and was sentenced to a suspended sentence of two years on September 28, 2012, which became final and conclusive on September 28, 2012.

1. Where any person is killed or injured or any goods are damaged by traffic flow, such as driving of any motor vehicle in violation of the Road Traffic Act, the driver and other crew members of the relevant motor vehicle shall immediately stop the motor vehicle and take necessary measures to provide assistance to casualties;

Nevertheless, on December 31, 2013, the Defendant driven a B SP car and stopped immediately to the extent that it left at a speed of about 60 km from the upstream of the south-Eup's site to the right-hand turn to the left at the speed of about 60 km from the upstream of the city road in the city of the south-nam city at the time of harmony. However, the Defendant failed to take necessary measures, such as reporting the repair cost to the police station, while the exemplary driver who was placed on the traffic island at the front part of the above vehicle, received the exemplary driver security guard center located on the traffic island as the front part of the above vehicle.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining the aforementioned temporary warning and driving license, and operated the said spke car from the Defendant’s house located in the sprink C to the above 10km distance from the above sprink to the above spke.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Written estimate of the damaged object;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 148, 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the sentence shall be determined as per the order, taking into account the following factors: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are crimes during the suspension period of the execution of sentence; and