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(영문) 전주지방법원 2018.06.27 2017고단2623
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor vehicle of Q7 AWD.

On July 9, 2017, around 01:27, the Defendant proceeded at a speed of approximately 129.56 km in the speed of about 129.56 km from the right side to the right side with the two-lane 1.2 km away from the red tunnel located in the house of the non-resident non-resident Eup located in the non-resident non-resident Eup.

At the time, since it is night and a road be bended by the left side, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the brake and steering gear of the vehicle after he saw the front door well.

Nevertheless, it was found that the buffer machine installed at the central separation point due to negligence while neglecting this, was set up in front of the left side of the defendant's next left side.

결국 피고인은 남 원국 토관리 사무소에서 관리하는 시가 15,000,000원 상당의 가드레일 완충기를 부수어 차량 등 파편이 도로에 떨어지게 하고, 피고 인의 차량이 2 차로로 튕겨 나가 역방향으로 정차되게 하고도 즉시 정차하여 피해 내역을 확인하는 등 필요한 조치를 취하지 아니하여 교통상의 위험과 장해를 초래하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (specific hours of accident and transit vehicles);

1. Written estimate;

1. An accident video CD (a tunnel CCTV, QM5 black stuff);

1. Application of statutes on site photographs;

1. Article 148 of the relevant Act, Articles 148 and 54 (1) of the Road Traffic Act (a point of view after an accident) and the selection of imprisonment with prison labor for the crime;

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was driving a vehicle, and the central buffer engine was concealed, left the vehicle on the two-lane, and left the site. The vehicle that was driven thereafter is concealed by the Defendant’s vehicle.

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