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(영문) 전주지방법원 2018.10.23 2018고단276

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a person who is engaged in driving a cuss car in C.

On January 25, 2018, the Defendant driven the above car at around 16:20, and continued to turn to the left on the left of the front of the Young church located at the center of the Songsan-gu, Seoul Special Metropolitan City.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by properly manipulating the traffic laws and regulations, and properly manipulating the steering direction and brakes.

Nevertheless, the defendant was parked on the right side by failing to fulfill the above duty of care.

D By negligence in the course of duty not finding the Orsaf car, the Ors car above the Ors car is added to the Ors car above the Ors car, and thereafter, the Ors car was put to the Ors car, and the Ors car was damaged by the Ors car, and the Ors car was destroyed by the Ors car and the Ors car was destroyed by the Ors car, without taking any measures.

2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven a coo vehicle to C without obtaining a driver’s license on the road of approximately 1 km from the coo-dong, Samcheon-gu, Samcheon-gu, Samcheon-gu, Seoul at the time of the day set forth in the above 1.1. to the place set forth in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. An accident scene photograph;

1. Each statement protocol (F, G);

1. Application of each written estimate statutes;

1. Article 148, Article 54(1) of the Road Traffic Act (a point where any measure is not taken after an accident) concerning the facts constituting an offense under the relevant provisions of the Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point where a person without a license is driving);

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The observation of protection and the order to provide community service and attend lectures under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 62(1) of the Suspension of Execution Act, and Article 62(1) of the same Act.