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(영문) 서울북부지방법원 2017.09.21 2017고단2976
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. On July 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) and driven CG cars without obtaining a driver’s license from the roads near the second apartment complex in Dongdaemun-dong, Dongdaemun-gu, Seoul, Dongdaemun-gu to the 1km-ro 221, 1k-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, to the road in front of the 1km-dong, Dongdaemun-gu, Seoul, and drive CG cars.

2. On July 5, 2017, the Defendant violated the Road Traffic Act (after-accidents), driving a XG car at around 00:49 around 00:49, and driving a car at around 221 YG, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and driving the road prior to the 221 Hexari-ro, Seoul, in the direction of the direction of the direction of the direction of the direction of the direction of the response range from the long-distance width of shooting.

In such cases, there was a duty of care to prevent accidents in advance by emphasizing the surrounding circumstances and safely driving the driver of the vehicle.

Nevertheless, the Defendant neglected this and got the back part of the victim's rocketing car, which changed the fleet to the front section of the Defendant's vehicle due to negligence, and received the back part of the victim's driving as the front part of the XG car.

Ultimately, the Defendant, by the above occupational negligence, destroyed the said rocketing car to repair KRW 628,00,000, and immediately stopped and escaped without taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report, a written statement of the occurrence of a traffic accident, written estimates, or the register of driver's licenses of motor vehicles;

1. Application of Acts and subordinate statutes to investigation reports (working without a license and taking measures not to be taken after accidents);

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 defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order.

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