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(영문) 창원지방법원마산지원 2020.11.17 2020고단779
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. Around 22:20 on June 15, 2020, the Defendant violated the Road Traffic Act (e.g., after-accident) (i., the driver’s license), driving a B-do motor vehicle without a driver’s license, and driving ahead of the military office distance located in the Haan-gun, Haan-gun, the Haan-gun, the Haan-gun along the two-lane distance along the military office distance from the Gaggg-do to the military office distance.

In this case, a driver of a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately operate the steering and brakes.

Nevertheless, as above, while driving without a driver's license, the part of the back part of the DK3 car driven by the victim C (Woo, 26 years old) who was waiting for the signal at the front of the franchising car is the front part of the franchis car.

Ultimately, the Defendant, by occupational negligence, destroyed the said K3 car to be in excess of KRW 420,00,000 for repair costs, but did not immediately stop and run away without taking necessary measures.

2. Around 20:00 on June 15, 2020, the Defendant driven a B-low vehicle without a driver’s license in the section of about 12 km from the Do in front of the residence of the Defendant in the Haan-gun, Haan-gun, Haan-gun, Haan-gun to the front of the distance of the military office building located in the Si-Eup, Haan-gun, Haan-gun, Haan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Photographs related to traffic accidents;

1. The ledger of driver's licenses;

1. Written estimate;

1. Investigation report (verification of CCTV images for crime prevention);

1. Application of the Acts and subordinate statutes to photograph CCTV images for crime prevention;

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 and Article 38(1) of the Criminal Act are applicable;

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