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(영문) 대구지방법원 서부지원 2016.07.29 2016고단983
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 February 25, 2016, the Defendant: (a) driven a rocketing car without obtaining a driver’s license from the glick-gu apartment parking lot located in the 316m section from around 6km to the west-gu, Seogu, Seo-gu (U.S.) with the compensation for the State bonds from the Daegu-gu, Seo-gu, 2016.

2. The Defendant is a person who is engaged in driving a rocketing car in violation of the Road Traffic Act (after accidents).

On February 25, 2016, the Defendant driven the above car at around 17:20 on the 17:20, and led to the entrance of the new road market to the front side of the Seogu Seo-gu, Daegu-gu, to the entrance of the new road at the 2nd seat of the Public Security Center.

Since the place is where the center line of yellow is installed, there was a duty of care for the person engaged in driving service to safely drive the vehicle by complying with the vehicle line.

Nevertheless, the Defendant neglected this and received the parts adjacent to the left-hand side of the ET100 Oral Traca parked by the victim D, and the Handbs in front of the left-hand part of the said Ostala car, respectively, without neglecting it.

Ultimately, the Defendant, due to the above occupational negligence, destroyed the repair cost to include approximately KRW 292,00,00, for instance, such as having the above Oral Bags, handbags, lightboards, and fitnesss, etc. which are owned by the victim D, and did not immediately stop and take necessary measures, even though the repair cost is damaged to include approximately KRW 130,00,00, such as displaying the Handbags.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (attaching photographs);

1. The driver's license ledger;

1. Application of each written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (in the absence of any measure after an accident), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (in the absence of a license) of the Road Traffic Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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