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(영문) 대구지방법원 김천지원 2013.11.07 2013고단1138
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for six 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

Around 01:30 on July 23, 2013, the Defendant: (a) driven a BF car by service; (b) driven the Defendant’s vehicle in the Gu-U.S., and driven the Defendant’s vehicle into ELF, one of the two-lanes in front of the main road of the Gu-U.S. Won-si Port in the Gu-U.S., from the long distance of the Gu-U.S. square, while neglecting the Defendant’s duty of NAF car at the front side of the Gu-U.S. Pursuant to his occupational negligence, the Defendant got the victim C(24 years of age) driving the vehicle in the same direction along the two-lane due to his occupational negligence and escaped; (c) the victim’s BM car in front of the Defendant’s vehicle in front of the front side of the Defendant’s vehicle, and (d) followed by the victim’s BMW car in front of the Defendant’s vehicle in front of the front side part of the Defendant’s vehicle, and received even the part of the two

Ultimately, even though the Defendant damaged the BMW car owned by the victim by the above occupational negligence, he did not immediately stop the car and did not take necessary measures, such as confirming the damage caused by immediately stopping.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

1. Application of the written estimate statutes;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (such as the violation of statutes, the point agreed with the victim, and the absence of force subject to the punishment heavier than that of a suspended execution);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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