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(영문) 전주지방법원 정읍지원 2016.03.22 2015고단614
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six 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. The Defendant in violation of the Road Traffic Act (after-accident) stated in the instant indictment as “C” but is a clerical error in the “B” and thus correct ex officio.

It is a person who is engaged in driving of a sealed cargo vehicle.

On November 14, 2015, around 10:33, the Defendant driven at a speed of 50km at a speed of 50km, from the breadth of an armed riot, the intersection of which is located in 53 North and South Korea, to the nautical miles from the breadth of the armed riot to the nautical miles.

Since there is a three-distance intersection that is not supported by traffic control, a driver has a duty of care to check whether a vehicle first entered the intersection has entered the intersection and to safely enter the intersection.

Nevertheless, the defendant has been negligent in doing so and has been driving a victim D(80) who had already entered the intersection and was going to turn to the left due to the negligence of entering the intersection.

E Coin also shocked the top right part of the sports cargo vehicle to the left side of the cargo vehicle operated by the Defendant.

Accordingly, the Defendant left the site without taking necessary measures even after destroying the damaged vehicle's repair cost of KRW 570,000.

2. On the date and time set forth in paragraph 1, the Defendant driven the above-mentioned cargo truck without the driver’s license from the front side of the Defendant’s house located in the North west-gunF to the place set out in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on the actual condition and a survey report (as to the degree of damage to damaged vehicles and whether they are insured against);

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes to field photographs and lock-outs of damaged vehicles;

1. Relevant legal provisions and Articles 148 and 54(1) of the Road Traffic Act concerning facts constituting an offense (the point of action after an accident).

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