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(영문) 수원지방법원 2020.09.25 2020고단4170
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 01:05 on April 16, 2020, the Defendant, while driving a Crown-gu car in the direction of her new road in the direction of her new road, was negligent in failing to perform his/her duty at the time of the Jeonju, thereby shocking the rupture on the right side of the Defendant’s running direction, and destroying the said facility to cover the repair cost of KRW 5,090,000 by reconcing the central separation zone located on the left side of the Defendant’s driving direction, but failed to take necessary measures to remove traffic risks and obstacles without leaving the vehicle driven by the Defendant at the location of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding report, list of reported cases handled, investigation report (including suspect's statement, etc.), and investigation report (motor vehicle driver, etc.);

1. A contract for the entrustment of used cars and estimates; and

1. Application of Acts and subordinate statutes on site photographs, photographs, parking lots, and CCTV photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act which choose a penalty, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act appears to be the defendant's attitude to recognize and reflect the instant crime, and the fact that the defendant entrusted the sale and agreed with the borrower of the vehicle used for the instant crime, and that the amount of the instant damage does not want to be punished against the defendant in the Yeongdeungpo-gu, Young-si.

On the other hand, it seems that the defendant did not take any measures after causing a traffic accident and left alone a vehicle, and the defendant appears to have an attitude to conceal his/her crime at the investigation stage, such as stating his/her mother as if he/she driven, etc., and that the defendant has a history of punishment for a traffic-related crime, which is disadvantageous to the defendant.

(2).

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