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(영문) 전주지방법원 2015.09.08 2015고단968
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 engaged in driving a C-A-Wurd-Wurt Motor Vehicle.

On April 1, 2015, the Defendant driven the said car on April 12, 2015, and proceeded to the front road D located in Seojin-gu Seoul Metropolitan City at the time of Jeonjin-gu at the time of Jeonjin-gu at the speed of 40 km each hour in order to turn the front road into the stoland from the boundary of sand-based market.

In such a case, the driver of a motor vehicle has a duty of care to safely circumvent the road to the right side so that the traffic flow does not interfere with the traffic flow of the motor vehicle and to prevent the accident by safelypassing the road to the right side.

Nevertheless, the Defendant neglected this, while driving the said road along a single lane, and did not discover Gystasi in the Franchising of the two lanes, and went away without taking any measures to damage the 796,626 won of the repair cost to repair the said taxi owned by the victim (i.e., the safety transportation) by taking the back part of the left part of the said taxi that the Defendant driving on the front part of the said car, which was located in the boundary of the new YM in the sand market bypassing the said taxi without discovering the Gstasi.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. Reports on internal accidents (related to field investigation);

1. Application of the written estimate statutes;

1. Relevant laws concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act, and choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and lecture attendance order has been three times during the last two years, and the defendant committed the instant crime.

However, the defendant is seriously opposed to his fault.

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