도로교통법위반(사고후미조치)등
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.
Punishment of the crime
The defendant is a person who is engaged in driving a car by borrowing B.
On March 22, 2013, the Defendant did not obtain a driver's license on March 22, 2013, and came to proceed in the direction of justice village in the direction of viewing the two-lanes prior to the Macenadong, Andong-si.
A person engaged in driving service has a duty of care to safely drive a vehicle in order to ensure that it does not interfere with the passage of other vehicles while keeping the front and rear left well when intending to change course of the vehicle.
Nevertheless, the defendant neglected this and changed the course from the first lane to the second lane without permission, and the victim C who proceeded with the second lane, conflicts with the left side of the Dsch Rexton car driven by the victim C with the upper side of the defendant vehicle.
Ultimately, the Defendant, after the left-hand side of the above damaged vehicle due to occupational negligence, destroyed the above damaged amounting to KRW 978,281, and thus, the Defendant immediately stopped, checked damage situations, and escaped without taking any necessary measures, such as reporting to the police office.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the report on traffic accidents and the laws and subordinate statutes on the register of driver's licenses;
1. Relevant legal provisions concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the reflection of the fact, the fact that a sea vehicle is covered by a comprehensive insurance, and the victim does not want the punishment of the defendant);
1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;