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(영문) 대전지방법원 천안지원 2020.05.13 2020고단642

A defendant shall be punished by imprisonment with prison labor 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.


Punishment of the crime

The Defendant is a person engaging in driving a motor vehicle B.

On February 15, 2020, the Defendant driven the above car on February 21:26, 2020, and proceeded at an insular speed by driving the said car at a one-lane of the two-lanes in front of the Seoul Building in the Seoan-gu, Seoan-gu, Seoan City.

In this case, a driver of a motor vehicle has a duty of care to thoroughly see the right and the right and the right of the motor vehicle and to accurately manipulate the steering system, brakes, and other devices of the motor vehicle so as to prevent the accident from occurring.

The Defendant neglected to do so and proceeds from the negligence of driving the underground vehicle in the same direction as that of the victim D(24 years old) driving prior to the entry, thereby getting the left side of the victim's car into the right side of the Defendant's car.

Ultimately, the Defendant, by such occupational negligence, destroyed the victim’s car in an amount equivalent to KRW 1,067,865 in the estimation of the repair cost, and at the same time, avoided the victim’s D and his passenger E (the victim’s 24 years old) to undergo approximately two-day medical treatment, but failed to immediately stop the vehicle and take necessary measures, without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on traffic accident, a survey report on actual condition, and a report on the occurrence of traffic accidents;

1. Each written diagnosis;

1. Written estimate for checking and maintaining motor vehicles;

1. Application of the Acts and subordinate statutes to photographs of the scene of the accident, CCTV images for crime prevention, and photographs of the skins;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act: