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울산지방법원 2015.11.23 2015고단1318
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 3, 2015, the Defendant: (a) driven a B MT car on the front right side of the Defendant’s car; (b) neglected the Defendant’s duty of Jeonju City, while driving the three-lane road in front of the Han River in front of the Hannam-si, Yangsan-si; (c) stopped in two-lanes in front of the air traffic signals while driving along one-lane between the two-lanes; and (d) stopped in the upper right side of the D Trate car in front of the air traffic signal; (b) stopped in front of the Defendant’s car; (c) failed to take measures to repair and repair the said C (52 years old); and (d) failed to take measures to repair and repair the said D E (47 years old); and (d) stopped in front of the traffic signal at one-lane; and (e) failed to take measures to repair and repair the said DR car to the extent necessary to prevent danger by exchanging the said car with the rear 1,5357 years old.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. A survey report on actual conditions, the scene of an accident, the photograph of an accident vehicle, etc.;

1. Application of each written estimate statutes;

1. Relevant provisions of Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of the sentence of selective imprisonment (the punishment imposed on two occasions due to driving while driving);

1. Article 62 (1) of the Criminal Act on the suspended execution (the confession of a crime and the recovery from damage by insurance, the absence of records of punishment of suspension of qualifications or more severe punishment, and other consideration such as family relationship of a defendant);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;