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(영문) 창원지방법원 2018.08.30 2018고단1284
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

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On April 2, 2018, the Defendant driven the above cargo vehicle without obtaining a driver's license of a motor vehicle around 07:00, and moved to the intersection in front of the D oil station, which is located in Kimhae-si C, and turned down the two-lane road from the outside of the Paplet to the south elementary school.

At this point, there was a duty of care to prevent accidents in advance, such as: (a) a person engaged in driving a motor vehicle, who is engaged in driving a motor vehicle on the front side, and having to safely enter by checking whether there is a cross-road while driving a motor vehicle before entering the intersection; and (b) a person who is engaged in driving a motor vehicle on the front side of the road.

Nevertheless, the Defendant neglected to enter the above intersection due to the negligence of entering the said intersection as it was, the victim E ( South Korea, 34 years old) who was first left to the left from the gate of the apartment site in the Dongdora-dong, the part of the Fma business car in front of the above cargo vehicle, which was driven by the victim E (the victim E, South Korea, and 34 years old).

As a result, the Defendant did not take necessary measures after the traffic accident, such as destroying approximately KRW 2,782,780 of the repair cost, such as the exchange of front-hand vehicles, and providing personal information to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Reporting on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the case where the Defendant had been punished several times due to drinking, driving without a license, etc.

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