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(영문) 대전지방법원 천안지원 2018.05.31 2018고단467
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

1. A person who has violated the Road Traffic Act (not after an accident) is driving a B Eth Motor Vehicle;

On December 17, 2017, the Defendant driven the above vehicle on or around 07:25, and was in the parallel of the Sung-dong, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, with a shooting distance room from 00 square meters to the Myeon of the Ministry of Labor.

Since there is a place where a vehicle stops in order to maintain the signal atmosphere in a remote distance, the defendant engaged in driving a motor vehicle has a duty of care to maintain and safely drive the motor vehicle prior to his/her front and the proper distance.

Nevertheless, the Defendant neglected this and neglected his duty at the front of the foregoing vehicle by negligence, thereby causing the victim C (the 56-year-old driver) to take part of the back part of the victim C (the 56-year-old driver), which was driven by the victim C (the 56-year-old driver), to damage the damaged vehicle to KRW 562,956, while leaving the vehicle immediately and leaving the vehicle to stop and escape without taking necessary measures.

2. On December 17, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving the Mati Motor Vehicle without obtaining a driver’s license from the front day of the restaurant at the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon to the same cafeteria to the front day of the restaurant via the same cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A photograph of the skin vehicle or accident scene photograph;

1. Written estimate;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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