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(영문) 수원지방법원 성남지원 2015.02.12 2014고단151
위증등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who has violated the Road Traffic Act (not after-accident) is driving a C Poter vehicle;

On August 6, 2014, at around 19:35, the Defendant driven the above sponsing vehicle, and led to the flow of the new sponsed KimpoIC into the direction of the sponsing road located in the new sponse-si, Kimpo-si, Kimpo-si.

In such cases, a driver of a motor vehicle has a duty of care to take necessary measures such as stopping and providing assistance to casualties when the driver of a motor vehicle damages goods due to the traffic of the motor vehicle.

Nevertheless, the defendant neglected this, while passing over the E-Poter vehicle driven by the victim D, the defendant shocked the right upper part of the victim vehicle into the left part of the vehicle loaded by the defendant.

Ultimately, the Defendant, by occupational negligence, destroyed a vehicle owned by the victim to have an amount equivalent to KRW 1,528,198, and escaped without any measures such as immediately stopping and providing relief.

2. The Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, on the date and time set forth in the above paragraph (1), driven a vehicle without a vehicle driver’s license at approximately 50 km from the Mapo-si to the 40-day self-reliance of the Mapo-gu, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

2. Written statements of D;

3. Reports on traffic accidents;

4. A damaged vehicle and an accident site photograph;

5. Registers of mandatory insurance policies and driver's licenses.

6. Application of the written estimate statutes.

1. Relevant Acts concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

2. Abnormal concurrence, and the choice of a sentence, Articles 40 and 50 of the Criminal Act, and the choice of imprisonment.

3. Aggravation; and

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