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(영문) 광주지방법원 2014.01.22 2013고단5578
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six 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 of B Poter cargo vehicles.

On October 26, 2013, the Defendant driven the said vehicle without a driver's license of a motor vehicle on October 26, 2013, and led to two lanes in front of the DNA oil station located in Gwangju Seo-gu, Gwangju, to drive the said vehicle at an insular speed along the two-lane distance from the extreme intersection.

At the time, it is the late night and several bend roads. In such a case, a person engaged in driving a motor vehicle has a duty of care to safely operate the steering system by accurately manipulating the steering system.

Nevertheless, the Defendant neglected to drive a strokely, and intruded the street, etc. owned by the Seo-gu Office of Victims and the gas station standing signboards, etc. owned by the victim E (Representative of Driju Station) that were located there, and shocked into the front part of the Defendant’s vehicle.

The Defendant, by such occupational negligence, destroyed street lamps and gas station standing signboards, etc. to take a total of KRW 7,386,870, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and estimates;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act appears to have been likely to lead to large accidents, such as intrusion on the delivery of the site of the gas station at the time of the instant crime. The Defendant did not reach an agreement with the victims up to now, and the Defendant was sentenced to a suspended sentence on September 201, and a suspended sentence on September 201.

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