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(영문) 대구지방법원 2017.07.13 2017고단1424

도로교통법위반(사고후미조치)

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person engaged in driving CGX cargo vehicles.

On December 25, 2016, around 14:40 on December 25, 2016, the Defendant driving a four-lane of the 14-lane road in the front of the lux apartment, the two-lanes in front of the lux apartment, and changed the lanes into three-lanes while driving in the direction of the four-lane from the direction of the large distance.

At the time, the left-hand side of the victim D(35 S) was a Eststren car driven by the victim D(35 S), so in such a case, there was a duty of care to operate direction direction, etc. to those who are engaged in driving of the motor vehicle, and to make a change in the car line by properly considering the traffic conditions before and after the time.

Nevertheless, the Defendant neglected to do so and received the left part of the cargo vehicle operated by the Defendant due to the negligence of changing the vehicle line as is, and received the left part of the said rocketing car.

Defendant 1, by occupational negligence as above, destroyed the car owned by the victim, which is the sum of KRW 440,550,00, and did not immediately stop and take measures necessary for preventing danger and smooth communication on the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual condition, inquiry of the results of crackdown on the driving of drinking, and application of written estimates statutes;

1. Relevant legal provisions and Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); the choice of imprisonment for a crime

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act with regard to community service and order to attend a lecture, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as ordered.