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(영문) 서울동부지방법원 2016.03.31 2016고단287

도로교통법위반(사고후미조치)등

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

1. On January 3, 2016, the Defendant violated the Road Traffic Act (after-accidents), driving a car in BCoon around 16:35 on January 3, 2016, and driving a two-lane between the three-lanes in Gwangjin-gu Seoul Special Metropolitan City, the two-lanes toward the military intersection from the distance between the two-lanes.

The Defendant was negligent in changing the course to a one-lane without checking the progress of the vehicle, and the victim D, who is driving in the same direction, was driven by the victim D, into the left side of the Defendant D's vehicle.

The defendant did not take necessary measures despite destroying the victim's vehicle repair cost of KRW 1,138,036 and escaped without taking necessary measures.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a car in the above column as above without a driver’s license at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made in D;

1. Application of the actual condition survey report on traffic accidents and the statutes governing the ledger of driver's licenses;

1. Articles 148, 54(1) (a) and 152 subparag. 1 and 43 (a non-licensed driving) of the Road Traffic Act applicable to the facts constituting an offense, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

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

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;