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(영문) 전주지방법원 남원지원 2018.01.23 2017고단262
도로교통법위반(사고후미조치)
Text

The punishment of the accused shall be determined by six months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On October 20, 2017, the Defendant driven the above car at around 15:20 on October 20, 2017, and proceeded ahead of the road D at South Won-si with the front side of the road at the right-side.

At this point, there is a center line of yellow solid lines, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and went on a comfortable lane due to the negligence of breaking the center line of yellow solid lines and driving on the same lane.

The part on the left-hand side of the HPoter II truck owned by the F was received as the top-hand part before the left-hand side of the said low-class truck.

Defendant 1 left the vehicle of approximately KRW 900,000,000 for repair without any negligence in the course of business as above, without immediately stopping the vehicle, and without taking necessary measures, such as removal of non-products scattered on the road, so as not to cause interference with other traffic, so as to confirm the content of the accident and the existence of damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of traffic accident reports, on-site photographs, and written estimates and other statutes;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting a crime and Articles 148 and 54 of the same Act concerning the selective punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

The Defendant, as stated in its reasoning, went away while carrying out a traffic accident, and had another person attend the police station on behalf of another person.

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