beta
(영문) 청주지방법원 제천지원 2018.05.31 2018고단63

도로교통법위반(사고후미조치)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2018, the Defendant driven a B car at around 02:40, while driving a B car and driving the front road at the Cheongcheon-si to the Cheongcheon-si intersection, the Defendant left the front part of the vehicle, and 5,518,000 won was shocked to the center separation zone owned by Cheongcheon-si, thereby damaging the repair cost, but did not immediately stop and take necessary measures, such as reporting it to the national police authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Application of the written estimate statutes;

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act and the selection of punishment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

On March 2017, there has been a history of having been sentenced to a fine of KRW 5,00,000 due to a violation of the Road Traffic Act (unnecessary Measures after Accidents).

Before the instant case, there have been three times the history of punishment for a violation of the Traffic Act (drinking driving) on roads, and one of them is the suspension of the execution of imprisonment.

The favorable circumstances: The mistake is recognized and reflected.

The damage has been recovered due to automobile insurance.