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(영문) 창원지방법원 마산지원 2017.11.22 2017고단1030
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. On September 11, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a B-learning car without a driver’s license from around about 400 meters from the 400-meter section to the near road of the International Oil Station in the Msan-gu, Msan-dong, Seoul-gu, the Changwon-si, to the near road of the cultural apartment complex.

2. The Defendant is a person who is engaged in driving a B-learning car.

around 14:55 on September 11, 2017, the Defendant driven a motor vehicle of learning as set forth in the above paragraph 1 above, and had it drive a three-lane road in front of D in Changwon-si, Msan-si C from the international oil station to cultural apartment in the direction of the international oil station.

Since there are many vehicles parked on the side of the road, there was a duty of care to prevent accidents by accurately manipulating the front door and the left and the right of the driver of the vehicle, and by accurately manipulating the steering and steering devices of the vehicle.

Nevertheless, the defendant neglected to do so and was parked in the three-lanes, which was the victim E-owned by the defendant, as the part of the upper-standing passenger car driving by the defendant.

The Defendant did not take necessary measures, such as immediately stopping, even though the Defendant destroyed and damaged the repair cost of KRW 2,121,953, such as exchanging the front car owned by the victim by negligence in the course of business as above, following the exchange.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (in the absence of any measure after an accident), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (in the absence of a license) of the Road Traffic Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act.

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