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(영문) 제주지방법원 2017.11.17 2016고단925

도로교통법위반(사고후미조치)등

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

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

The Defendant is a holder of the said car as a person engaged in driving vehicle BM5.

1. On June 14, 2015, the Defendant violated the Road Traffic Act (measures not to be taken after an accident) changed the lane from two lanes to one lane while driving the said SM5 vehicle in one way in one way between the two lanes between the direction of the entry and departure of the sex acid and the direction of the D hotel located in SM5 in SM5 C at Seopo-si, Seopo-si, Seopo-si on June 14, 2015

E without taking measures, such as checking the damaged items and the state of damage, even though a traffic accident that conflicts with the KS5 vehicle has occurred, it shall be off the scene without leaving the MF5 vehicle as it is at the scene of the accident.

2. On June 14, 2015, the Defendant: (a) driven the said SM5 vehicle without obtaining a driver’s license from the road located in the boarding zone at Jeju Island to the road indicated in paragraph (1) on June 14, 2015.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated the said SM5 car which was not covered by mandatory insurance at the time and place specified in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement prepared by the F;

1. A traffic accident report and a actual survey report;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Application of field photographs and related Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) of the Road Traffic Act (outstanding measures after an accident), Article 152 Subparag. 1, and 43 of the Road Traffic Act (outstanding drivers), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (outstanding drivers of mandatory insurance), and the choice of imprisonment, respectively;

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. Taking into account the following circumstances, the reasons for sentencing in Article 62-2 of the Criminal Act, including observation of protection, community service, and order to attend lectures: