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(영문) 전주지방법원 2013.11.06 2013고단1897
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a B-D car.

On July 17, 2013, the Defendant driven the said car without obtaining a driver's license, which was not covered by mandatory insurance. On July 21, 2013, the Defendant continued to drive the said car along the three-lane road in front of the Geumjin-gu Geumdong Geum-gu Geum-gu, Geumdong, Geumnam-si, with two-lanes from the south-do, to the viewing from the south-do, the Defendant changed the course to one-lane.

In such cases, the driver of the vehicle has a duty of care to accurately check the lanes that the driver of the vehicle intends to change, to give a proper view on the front side and the left side, and to prevent the accident.

Nevertheless, the Defendant neglected this and went away from the site without taking necessary measures to prevent danger and ensure smooth communication on the road, even if the Defendant damages the said spurfed car to the upper left part of the spurfed car of the Defendant’s driving by shocking the part on the right side of the victim C(56 years of age) driving, which led to a single-lane change of the vehicle due to the Defendant’s failure to stop the vehicle and driving the 853,431 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual survey report and photographs related to traffic accidents;

1. Mandatory insurance policy, and driver's license policy;

1. Application of the written estimate for vehicles;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148 and 54 (1) of the Road Traffic Act (the failure to take measures after destroying and damaging property), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of driving without a license), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of driving without mandatory insurance), the choice of imprisonment (the consideration that there are several criminal records of the same kind, such as drinking and driving without a license)

1. The suspended execution is a relatively minor traffic accident under Article 62(1) of the Criminal Act, the agreement with the victim, the confession, and the criminal punishment exceeding the fine.

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