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(영문) 춘천지방법원 강릉지원 2014.05.29 2014고단62
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 13, 2013, the Defendant violated the Road Traffic Act (ex post facto action) (hereinafter referred to as the “Road Traffic Act”), driving the C Cost Star car at a speed of about 60km in the speed of about 160km from the starting surface of the same dong-si in Gangwon-do as the efficacy of the 520-1.

A person engaged in driving service has a duty of care to thoroughly operate the front hour and accurately operate the steering system of the vehicle.

Nevertheless, the Defendant neglected to perform his duty of care, and caused the occupational negligence on the part of the Defendant’s driver’s vehicle to be separated from the right side of the vehicle due to the Defendant’s driver’s negligence, and caused the shock to the front part of the vehicle’s driver’s seat in front of the driver’s seat of the Defendant’s vehicle.

Accordingly, the Defendant, by such occupational negligence as above, destroyed the victim’s aggregate metal pole to have approximately KRW 1,876,00 of repair cost, and escaped without immediately stopping and taking necessary measures, without leaving the vehicle.

2. Around December 13, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the road of North Korea, located in the 675 North Agricultural Cooperative in Gangwon-do as the efficacy at the same time, and driving the said vehicle without a driver’s license, from around 1km to D, located in the 520-1, Gangwon-do as the efficacy of the Dong-si in the Dong-si in Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (traffic hazards and review reports on obstacles);

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148, Article 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, concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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