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(영문) 창원지방법원 밀양지원 2014.06.19 2014고단32

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 who is engaged in driving a BP car.

On January 3, 2014, the Defendant, without a driver’s license on January 12:35, 2014, driven the said car and went back to the road front of the access road to the parking lot, where the Defendant was found to have been absent from the windows in the Gyeongnam-gun and Eup.

The Defendant neglected to drive a vehicle at the right time without a driver's license, and caused the victim C's d's troke part which was stopped at the right time due to the negligence of driving the vehicle without a driver's license, to shock the back side part of the driver's license.

Ultimately, the Defendant, by occupational negligence above, destroyed the car owned by the victim to repair the car amounting to KRW 2,172,546 and left the site without taking any measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. An investigation report on the actual condition of a traffic accident, a traffic accident occurrence report, the ledger of a driver's license, and a written estimate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment);

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;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;