logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2014.02.12 2013고단1502
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2013, at around 04:08, the Defendant, as a business, driven a car in C SPT without a car driver’s license, driven a car in C SPT, while driving from the direction of Kimcheon-si to Daegu at the direction of Kimcheon-si, the Defendant, while neglecting the duty of Jeoncheon-si in the front line without a license, was driven by a driver’s negligence in the course of business, and was led to the rear part of the victim D's vehicle in the front line of the said SPT car.

Ultimately, the Defendant did not take necessary measures in the event of a traffic accident, even though he damages a passenger car owned by the victim with the above occupational negligence to the extent that the amount equivalent to KRW 4,167,116 is equivalent to the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Written estimate;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose a sentence, Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished by a fine not exceeding 2.5 million won due to a violation of the Road Traffic Act in 2010 and a violation of the Road Traffic Act; (b) the fact that there are many kinds of criminal records; (c) the Defendant committed the instant crime; and (d) even if there are many favorable circumstances, such as agreement with the victim and the fact that the victim does not want the punishment of the Defendant, etc., the sentence shall be determined as per the Disposition.

arrow