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(영문) 수원지방법원 2019.05.02 2019고단754
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Non-accidents) provides that the Defendant is engaged in driving of a passenger car even in B Co., Ltd. on August 23, 2018. Around 01:30 on August 23, 2018, the Defendant driving the said vehicle and driving it on the two-lanes of the two-lanes of the two-lanes in the Eastbagbbbbbbb, Mag-gu, Yong-gu, Mag-gu. On the other hand, the instant indictment was stated as KRW 1,400,000, KRW 700,000, which is owned by the injured party, but there is no evidence to acknowledge the fact that the said central separation cost is KRW 1,40,000. Rather, according to the construction cost receipt submitted by the Defendant to the recipient company, it is recognized that the said central separation cost is equivalent to KRW 700,000,000.

Therefore, the above correction is made ex officio to the extent that there is no substantial disadvantage to the defendant's defense right.

Since there was a considerable central separation cost, the Defendant, while driving a motor vehicle, has correctly operated the steering gear and brake system and has a duty of care to prevent the accident due to the negligence of failing to properly manipulate it despite the fact that there was a duty of care to prevent the accident, and escaped without immediately stopping the motor vehicle and immediately stopping the motor vehicle while destroying the said central separation zone.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in Paragraph 1, without a driver’s license, driven a car in B column as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents and on-site photographs;

1. Application of Acts and subordinate statutes on license ledger;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment without prison labor, respectively;

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

1. Suspension of execution;

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