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(영문) 대전지방법원공주지원 2020.09.25 2020고단347
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for four 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

1. The Defendant is a person who is engaged in driving a vehicle BMW 520D.

At around 01:00 on May 3, 2020, the Defendant driven the said vehicle without obtaining a driver’s license, and driven the said vehicle in front of the “D” road located in “D” on the side of the Public Ginseng Center of the Republic of Korea to the above restaurant at an indefinite speed, and followed the victim E-driving car prior to the Defendant, and then damaged the said vehicle to the extent of KRW 300,000 on repair cost, such as a panper, after driving the said vehicle at the front of the BM 520D car.

After the above accident, the Defendant got off without confirming the degree of damage or providing the personal information of the Defendant, such as the victim, G, and H, etc. after the said accident, on the part of the said passenger car, that “a passenger, including the victim, changed the process of accident as soon as possible,” and “a passenger, who is going to drive and drive a vehicle,” and failed to take measures such as identifying the degree of damage or providing the Defendant with personal information.

2. On May 3, 2020, the Defendant was driving a BMW 520d car from approximately 400 meters section to the “D” road located in C, from the main point of “J” located in C, without obtaining a driver’s license at around 01:00 on May 3, 2020.

Summary of Evidence

1. Application of Acts and subordinate statutes to a criminal investigation report, such as the defendant's legal statement E, investigation report on the actual condition of each police statement made to K, the ledger of driver's license, field photographs of the accident site photographs, CCTV for crime prevention, etc. (report on submission of estimates for repair of the victim's motor vehicle, L of

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment without prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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