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(영문) 춘천지방법원 영월지원 2013.05.07 2013고단43

도로교통법위반(사고후미조치)등

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

except that 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 B rocketing car.

On December 28, 2012, the Defendant driven the above vehicle on December 20:30, and proceeded at the speed of 60km from the right edge to the right edge of the dialogue resources in front of the dialogue resources located in the Hagyeong-gun, Seogwon-gun.

At the time, the place was at night and the place was also one-lane prohibited zone, so in such a case, there was a duty of care to safely proceed along the lane to the person engaged in driving a motor vehicle and not to overtake in the zone of prohibition of overtaking.

Nevertheless, the Defendant neglected this and failed to stop immediately and take necessary measures, even though he received an even number of parts in front of the left side of the victim's vehicle from the front side of the vehicle by the Defendant, when he overtakeed into the left side of the Dozy taxi driven by C, which was driven by C, which was driven by C, but failed to stop immediately and take necessary measures.

2. Around 20:30 on December 28, 2012, the Defendant driven the said vehicle without a vehicle driver’s license from the front day of the grown Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the occurrence of a traffic accident;

1. Written estimate of the damaged vehicle;

1. Current status survey report and the register of driver's licenses;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigative reports (report on contents of telephone communications with victims C);

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment without prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;