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(영문) 창원지방법원 밀양지원 2013.11.14 2013고단488
도로교통법위반(사고후미조치)등
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

The Defendant is a person who is engaged in driving freight B.

On July 13, 2013, the Defendant driven the above cargo without a driver's license on July 21, 2013, and turned the two dynamic distance intersection in the two dynamics of the sub-Eup in the west-to-west of the west-to-west at the right angle from the west-to-west side of the Eup.

As above, the Defendant, while making a bypass prior entry into a wrong lane, was unable to take the back of the wrong lane, and the Defendant’s negligence, which led to the Defendant’s failure to look at the rear, led the Defendant to shock the front part of the victim C(the age of 61) driving, which was going back at the rear, with the rear part of the cargo vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the above observer car amounting to KRW 740,318,00, and did not take any measures to leave the site without taking any measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment without prison labor, respectively;

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. Order to attend lectures under Article 62-2 of the Criminal Act;

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