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(영문) 창원지방법원 진주지원 2020.04.14 2020고단73
도로교통법위반(사고후미조치)등
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 who is engaged in driving a cruise car.

On December 29, 2019, the Defendant driven the said car in the state of suspension of driving license at around 05:58 on December 29, 2019, while driving the said car at a speed that cannot be seen from the surface of the private bridge to the surface of the rooftop.

In the condition that the driver's license is suspended, the driver's license is prohibited from driving a motor vehicle, and the driver's license operator has a duty of care to prevent traffic accidents in non-fluence by driving the motor vehicle in front and safely driving along the lane.

Nevertheless, the Defendant neglected to do so and escaped without taking any measures to cause damage to the repair cost of KRW 1,144,00 and the repair cost of the above cargo vehicle of KRW 915,450, and the above cargo vehicle of KRW 915,450, which is the victim E, the victim E, who was parked in the rubber string safety zone of the Defendant.

Accordingly, the defendant was driving a motor vehicle while the driver's license is suspended, and the defendant did not take necessary measures even though he did not cause a traffic accident due to negligence in the course of duty and thereby causing danger to traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs, the register of driver's licenses, disqualified meetings for the main office, CDs for each CCTV image storage, estimates, and actual survey report;

1. Application of Acts and subordinate statutes to report internal investigation (the No. 11, 14, 15, 16, 19 of the evidence list);

1. Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that applies to the crime, the choice of punishment, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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