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(영문) 광주지방법원 순천지원 2018.11.09 2018고단1425
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.

On May 16, 2018, the Defendant, while driving the said car at around 00:45, but driving the said car at around 00:70, the Defendant driven the said car and driving the said car along the four-lane road in front of D, which is located in Gwangju at the time of Mineyang, along the three-lanes from the Gangnam Hospital to the intersection of the road from the Gangnam Hospital, driven the vehicle at the F G70 vehicle of E driving driven ahead of the same lane.

In the case of passing ahead of another vehicle, it is necessary to pass along the left side of the vehicle running ahead, and as a safety zone has been installed at a four-lane, the person engaged in driving of the vehicle has a duty of care not to pass ahead of it.

Nevertheless, as long as the Defendant neglected this and tried to pass the said G70 vehicle by entering the said four-lane safety zone and changing the said vehicle, the Defendant received the said G70 vehicle’s right-hand part of the said G70 vehicle in front of the left-hand side of the hurged vehicle, changing the lane from the said three-lanes to the four-lanes away from the said safety zone.

Ultimately, the Defendant, by such occupational negligence as above, destroyed the said G70 car owned by the victim G to be in excess of KRW 880,528, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (Sable and video data reading installed as a motor vehicle for damage);

1. Report on internal investigation (specific person under suspicion) and next inquiry (B);

1. A survey report on actual conditions;

1. The driver's license ledger;

1. The next inquiry (F);

1. Written estimate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure that is not taken after destruction) of the Road Traffic Act, subparagraphs 1, 43 of Article 152 of the Road Traffic Act, and the selection of imprisonment for a specific term;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 of the Criminal Act, and Article 50 of the same Act.

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