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(영문) 창원지방법원진주지원 2020.08.11 2020고단556
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 B-learning car.

On December 10, 2019, the Defendant driven the above car at around 22:40, while driving the D Hospital A, at the time of Jinju, continued to turn to the left at the Eth page from the statistical office.

At the same time, there are many vehicles parked on both sides of the road, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door, the left and right, and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to make a left turn due to the negligence of the Defendant’s failure to do so, and received the parts of Gynex’s car driver’s seat and the part of the kiding car owned by the victim F (the age of 46), which were parked on the right side of the Defendant’s proceeding direction, from the front side of the said Gynex’s driver’s seat and the part of the kiding car, and attempted to move back, which were owned by the victim H(the age of 41) who was parked there, and received the parts of the Inex’s front door and the s

Ultimately, the Defendant destroyed the franchising car for the repair cost of KRW 2,290,108 due to the above occupational negligence, and destroyed the franchising car and did not immediately stop the franchising car and take necessary measures, while leaving the franchising car on the road without immediately stopping the franchising car, for the repair cost of KRW 1,061,418.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F and J;

1. Application of the traffic accident report, accident-related photographs, and written estimate and other Acts and subordinate statutes;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Probation and community service order for sentencing under Article 62-2 of the Criminal Act records, including the background of occurrence of the instant accident, degree of risk on roads, Defendant’s previous punishment records, etc., and the arguments of this case.

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