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(영문) 창원지방법원 밀양지원 2020.05.28 2020고단66
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On April 21, 2020, the Defendant was sentenced to imprisonment for one year, two years of suspended execution, probation, community service, 200 hours, and 40 hours of attending a compliance driving lecture at the Changwon District Court Msan Branch on April 21, 202, and the judgment became final and conclusive on April 29, 2020.

The defendant is a person who is engaged in driving a B 6X2 Tracker.

At around 11:10 on January 27, 2020, the Defendant was driving a Track on the Track Track and continued to drive the Track Track on the road front of the Dack Dack Da, located in the military.

There are two-lanes, in which the U.S. is not allowed, and the Traler connected to it is under the duty to carefully look at and drive the Tractor in the process of making the front and rear sides and right and right and right when Tracler is on the two-lane road compared to ordinary vehicles so that it can not compromise with those on the part of India.

Nevertheless, the Defendant, while making a U-turn in a place where U.S. is not allowed, did not properly look for the rear, caused the Defendant to shocked street trees planted on the right side of the road to be connected to the Defendant’s Bosch Rexroth, and paid off as much street trees as they are used in the direction of the road.

Ultimately, the Defendant, who was not by occupational negligence as seen above, destroyed the street trees worth KRW 904,840, which were owned by the military, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, on-site photographs, and reports on the occurrence of a traffic accident, reports on internal investigation, investigation reports, closure photographs of the accident video, flag photographs, design budget for damaged street trees;

1. Criminal records: Criminal history records, probationary records, previous dispositions, reporting on results of confirmation, and judgment, confirmation of related cases, list, and application of statutes;

1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting a crime;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;

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