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(영문) 대전지방법원 서산지원 2013.11.14 2013고단501
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Poter Cargo Vehicles B.

On June 21, 2013, at around 22:15, the Defendant, while driving a two-lane prior to the Songdo-ri-ri Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si Do-si from the Do-si Do-si Do-si Do-si Do-do-si Do-do-si, in violation of the duty of care to accurately operate the steering gear and the steering apparatus, he was driven on the front part of the said cargo with the central separation unit and damaged the central separation unit amounting to KRW 4,505,00,000 for the repair cost, immediately stopped, without taking necessary measures to prevent road danger and ensure smooth communication, and escaped without leaving the said cargo vehicle on the road.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each photograph;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148 and 54(1) of the Road Traffic Act of the choice of a sentence, and the reasons for sentencing a sentence of imprisonment are the same criminal records such as drunk driving, eight times the same criminal records such as a drunk driving, and two times the suspended sentence are the escape vehicle. In 209, the Defendant was sentenced to a punishment by refusal to take a alcohol test and was sentenced to a suspended sentence.

Nevertheless, the defendant has also escaped at the site after the accident occurred, and there is no reasonable reason to explain it.

In addition, considering the fact that the risk of the second accident increases due to leaving the scene of the accident without any measure, the defendant needs to be punished corresponding thereto, and the punishment such as the fine to the defendant or the suspended execution has no effect.

Therefore, the sentence shall be imposed on the defendant, and the punishment shall be determined as per the order in consideration of all the circumstances.

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