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(영문) 대구지방법원 2018.04.19 2017고단6903
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the Category B car.

On November 23, 2017, the Defendant, around 19:55, proceeded in front of the D cafeteria located in Yongcheon-si, Youngcheon-gu, Chungcheongnam-do, D cafeteria from the cross-city bus terminal.

The location is a place in which direct exhaustion is prohibited, so the Defendant is not required to proceed with a medical examination. However, the Defendant neglected this and did not take necessary measures and left the site without leaving the Defendant’s vehicle on the road, by conflicting the part of the FK5 vehicle size front of the victim E driver’s FK5 car driving, which proceeds from the Yongcheon-do from the front side of the Defendant’s vehicle, with a large part of the back side of the damaged vehicle, thereby damaging the property for the repair cost of KRW 572,798, and leaving the front vehicle on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

1. Articles 148 and 54 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant provision of the Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act for community service and order to attend a lecture - Unfavorable circumstances: The crime quality of the defendant, such as leaving his vehicle on the road when the defendant was immediately at a place where a direct progress is prohibited, causing an accident, leaving his vehicle on the road, and leaving his vehicle on the road. The fact that there is a record of punishment for traffic-related crimes, which has already been punished for favorable circumstances: The fact that the defendant's mistake and mispers himself; the fact that the vehicle of the defendant is covered by a comprehensive insurance and agreed with the victim - The defendant's age, sex behavior, environment, motive and circumstance of the crime and circumstances after the crime, etc. shall be determined as ordered by taking into account the various factors of sentencing specified in the arguments of this case, such as

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