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(영문) 창원지방법원 통영지원 2016.12.14 2016고단1524
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 December 25, 2015, at around 12:38, the Defendant driven a B rocketing car, and driven the two-lane road in front of the D, which is in common C, at a speed that would not be known depending on the two-lanes from the stong and south distance.

At that time, bus stops was installed at the bus stops at the bus stops, while the FF bus stops at the bus stops at the above bus stops and enters the two lanes to the first lane, the Defendant’s driver, who was moving behind the bus stops in order to detect the rocketing car and avoid collision, so in such a case, there was a duty of care to safely drive the vehicle to prevent the traffic accident by safely driving the vehicle, such as taking the front side and the left side, and reducing the speed.

Nevertheless, the Defendant, by negligence of neglecting this, left the front part of the city bus with the part on the right side of the driver’s seat of the vehicle of the Defendant, was collected from the front part of the vehicle, and destroyed the city bus to the extent that the city repair cost is not high, and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Each written statement of persons involved in a traffic accident;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant laws concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The degree of damage suffered by the victim is relatively weak and agreed with the victim, and the defendant reflects his fault;

- Unfavorable circumstances: The nature of the instant crime is very poor, such as the escape without any measure after the accident and the concealment of the substantial relation of the drinking part after the escape.

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