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(영문) 전주지방법원남원지원 2020.09.08 2020고단134

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a vehicle B Ecoos car.

At around 19:20 on April 12, 2020, the Defendant proceeded at a speed of about 40 km from the side of the D Middle School to the Do post office via the Do, along one lane.

At the time of the defendant's front time, the F Kaol car driven by the victim E (ma, 50 years old) stops in order to wait for the vehicle driving signal. In such a case, the driver had a duty of care to prevent the accident by driving the steering vehicle well, while maintaining the safety distance with the vehicle in front, while operating the steering and operation system accurately and safely.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s negligence, thereby receiving the back part of the victim’s vehicle with the front part of the Ecoos vehicle.

Ultimately, the Defendant, by such occupational negligence as above, destroyed the repair cost of KRW 430,678, such as leaving back the knife vehicle, which is owned by the victim, to stop immediately and escaped without taking necessary measures.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, and the defendant operated a cushion motor vehicle on a road, at the date and place specified in paragraph (1) as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. On-site photographs and closures of damaged vehicles;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148 and 54 (1) of the Road Traffic Act which choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the text of Article 8 of the same Act.