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(영문) 대전지방법원 천안지원 2021.01.22 2020고단2864
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. A person who is engaged in driving service of a motor vehicle lurged by the Defendant in violation of the Road Traffic Act (after-accident).

On September 21, 2020, the Defendant had a duty of care to accurately check the vehicle, etc. on the right side and right side of the vehicle to drive the vehicle and to prevent the accident by driving the vehicle on the right side and right side of the vehicle, while driving the vehicle on the right side and right side of the vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the H-Baa car of the police officer G driving by a traffic police officer, who was crossing the vehicle immediately behind the Defendant’s Madon by negligence, and received the right-hand siren of the said A-dol-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri vehicle

The Defendant, by negligence in the course of performing the above duties, destroyed a car equivalent to KRW 956,386 of the repair cost, but did not take necessary measures, such as immediately stopping and lowering the damage, and escaped without checking the damage situation.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without a vehicle driver’s license, operated a day from the I apartment parking lot in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon-si, and again operated the said I apartment parking lot within approximately 30km from the said I apartment parking lot to the said I apartment parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. The driver's license ledger;

1. Application of the statutes governing photographs, such as damaged vehicles, and estimates;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (a) of the Road Traffic Act that requires the option of punishment, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 62(1) of the Criminal Act 1.

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