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(영문) 대전지방법원 논산지원 2015.08.25 2015고단266

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not more than ten 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

1. On May 16, 2015, at around 16:35, the Defendant: (a) driven the B Poter truck without obtaining a driver’s license in the section of approximately 6 km from the front of the vinyl, which was located in the Donsan-si, Donsan-si, Donsan-si, by going through a strong border and parking lot located in the Southern Donsan-si, Donsan-si, Donsan-si.

2. The Defendant is a person who is engaged in driving a cargo vehicle as set forth in paragraph 1.

On May 16, 2015, the Defendant was driving the above cargo vehicle, which was brought back to the parking lot, which was located in the Southern-gu Seoul Metropolitan City, Seosan-gu.

At that time, many automobiles were parked due to sports events, so in this case, the driver of the vehicle has a duty of care to safely operate the vehicle by checking the front and rear side and the left side.

Nevertheless, the Defendant neglected this and went to the right side of the foregoing cargo vehicle owned by C, which was parked at the same time, due to the negligence of the Defendant's neglect, and shocked into the front side of the above cargo vehicle owned by C.

As a result, the Defendant, while destroying and damaging an automobile with approximately KRW 2,024,306 for repair costs, did not immediately stop and take necessary measures and escaped without stopping.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the ledger of a traffic accident occurrence report, a traffic accident report, a field report, a photograph of the scene of the accident, a estimate, a car inquiry, and the ledger of a driver's license

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 148 and Article 54 (1) of the Road Traffic Act, the choice of a sentence, and the choice of imprisonment, respectively;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed for the violation of the Road Traffic Act with heavier penalty (the punishment prescribed for the crime not to be taken after the accident].