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(영문) 수원지방법원 안산지원 2014.12.23 2014고단2460

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for six 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 person engaged in driving a passenger vehicle B i30.

1. On 06:44 on 01.01. 06: (a) driving the said vehicle without a driver’s license, and driving the said vehicle at a speed of 70 kilometers per hour at the speed of 70 kilometers per hour in the direction of Sinsan City, the four-lane roads in front of the Susan-gu Yandong SK KK station in Ansan-si.

A person engaged in driving service has a duty of care to live well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, the end part of Cmert 4.5 tons of truck which is illegally parked on the side by negligence of driving a stroke while neglecting this, was moved to the front part of the vehicle.

Ultimately, the Defendant damaged the damaged vehicle’s property worth KRW 567.600, on the repair dog by the above negligence.

When the Defendant damaged the victim’s property due to occupational negligence, the Defendant immediately stopped and escaped without any measure despite having to take necessary measures.

2. As stated in paragraph 1., the Defendant, without a driver’s license, driven the said car at approximately 10 kilometers from the street before the movement of the arms to the accident site, as set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, relevant photographs, estimates, and the register of driver's license (Evidence Serial No. 10);

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.: Defendant’s warning around around 2013.