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(영문) 광주지방법원 2017.10.31 2017고단3687
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than five 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 June 23, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a D body-man car from a section of about 6 km to the studio road located in Gwangju Northern-gu, Seoul, without obtaining a driver’s license for a motor vehicle around 05:30 on June 23, 2017.

2. Violation of Road Traffic Act (Non-accidents after Accidents) the Defendant is a person engaged in driving of the last car in D body.

The defendant driving the above vehicle at the time of the day specified in paragraph 1, and led the road in front of the studio C in Gwangju Northern-gu B to proceed in the direction of the Yangsan-dong community service center.

At the time, a narrow channel is one-lane road, and there are alcohol vehicles on the left and right side of the road, so in such a case, the driver of the motor vehicle has a duty to accurately operate the steering direction and brake system and prevent the accident from occurring in the course of his/her duty.

Nevertheless, due to negligence, the Defendant neglected to do so, the part on the left side of the Defendant’s driving vehicle owned by the victim E, which was parked on the right side of the Defendant’s driving vehicle in front of the left side of the Defendant’s driving vehicle, and the part on the part of the Defendant’s driving vehicle owned by the victim G, which was parked in front of the SM6 vehicle, was received as the front part of the vehicle’s driving vehicle.

Ultimately, the Defendant, by occupational negligence, destroyed the MF6 car to be repaired in the amount of KRW 1,271,864, and left the scene of the accident without immediately stopping the vehicle and taking necessary measures despite the damage to be damaged in the amount of KRW 5,107,254.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A traffic accident report;

1. On-site photographs;

1. License register;

1. Application of each written estimate statutes;

1. Relevant Articles 148 and 54(1) of the Road Traffic Act (the point of taking any measure after an accident) and the Road Traffic Act concerning criminal facts, as well as the choice of punishment.

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