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(영문) 전주지방법원 군산지원 2021.03.31 2020고단2032
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 26, 2020, the Defendant was engaged in driving a BV car, and operated the said car at around 18:00 on October 26, 2020, and led to the passage of the Sinsan-ri-do from the beginning side of the Sinsan to the intersection of female at the airport to the intersection of the airport.

In this case, there was a duty of care to safely drive a driver of a motor vehicle by making it possible for the driver of a motor vehicle to see the right and the right and the right and the right and the right and the right and duty of operation

Nevertheless, by negligence, the Defendant neglected it and continued to proceed as it is, and instead, continued to take the part of the driver's seat in front of the driver's seat of the No.S. car 14 tons and back of the No.S. car, which was directly moving from the right side of the No.S. car in the direction of the progress of the No.S. car, into the back part of the No.S. car, and continued to take the separation line between the No.S. car and the center.

Accordingly, the Defendant, by occupational negligence, destroyed the above truck owned by the victim E with limited liability in a amount equivalent to KRW 200,000,000, and did not immediately stop the truck and take necessary measures despite the damage to the repair cost of KRW 1,980,000, which is owned by the victim Gunsan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a detailed investigation report, a detailed investigation report on the scene of the accident, a photograph of the scene of the accident, and each investigation report (with respect to submission of a victim C telephone conversations and written estimate of the victim, reporting on internal investigation into the site

1. Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. The sentencing of Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures, is criminal punishment against the accused due to the violation of the same road traffic law.

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