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(영문) 수원지방법원 안산지원 2017.12.20 2017고단2796
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

The prosecution against the violation of the Road Traffic Act among the charges of this case is dismissed.

Reasons

Punishment of the crime

On September 3, 2014, the Defendant was released on November 30, 2015 and the parole period passed on March 21, 2016, when he was sentenced to two years of imprisonment due to a violation of the Punishment of Violences, etc. Act (joint injury) in the support for the development of the Suwon method and Ansan.

1. On January 16, 2017, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) was a victim E while driving a C-A-WD car around 22:25 on January 16, 2017 and driving the C-A-WD car at a speed of about 5 km per hour on the front door of the second apartment house at the D-A-WD parking lot at a city interesting.

F The part of the driver's seat prior to the driver's seat of the above defendant's vehicle was shocked with the upper part of the driver's seat of the above defendant's vehicle operation, and the repair cost was 2,315,028 won, such as replacement of the front driver's seat of the driver's vehicle of the above defendant's vehicle, and the damaged person destroyed the above driver's vehicle and went away from the scene without any measure.

2. On the date and time indicated in the preceding paragraph, the Defendant was driving a motor vehicle without obtaining a driver’s license from around 5 km in a section of approximately 5 km in front of the Dowon to the next road of the same Dowon elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report, traffic accident occurrence report, and the driver's license ledger of a motor vehicle;

1. Written estimate;

1. Images of DNA external CCTVs, photographs of damaged vehicles, photographs of harming vehicles, photographs of damaged vehicles, and photographs of Defendant vehicles;

1. Previous convictions in the judgment: Report (No. 33 of the evidence list), investigation report (No. 37 of the evidence list), each written judgment, inquiry report about criminal history, application of Acts and subordinate statutes to the status of acceptance by individuals, and the result of confirmation of previous convictions in the disposition;

1. Relevant legal provisions concerning facts constituting an offense, Article 151 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures not taken after an accident), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license), and the selection of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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