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(영문) 대전지방법원 공주지원 2020.06.19 2020고단135
도로교통법위반(사고후미조치)
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 a Bchip car.

On March 25, 2020, at around 00:25, the Defendant proceeded with a road of 1324-1 way ahead of the 324-1 settlement three streets in the direction of the group assigned from the opposite side of the settlement of accounts.

At the time, there was a situation where street lights were not installed in and around the night, so the person engaged in driving service has a duty of care to prevent accidents by reducing speed and driving the surrounding obstacles in good manner.

Nevertheless, the Defendant, while neglecting the above duty of care and by neglecting at a speed and by neglecting it, escaped the Defendant’s car without immediately leaving the vehicle at the scene of the accident, by shocking the tank lock vehicle owned by the victim C, which was parked on the road at the time, so as to cover approximately KRW 7,200,000 of the repair cost, while destroying and damaging the said cargo vehicle, and without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Written estimate;

1. Application of any Act and subordinate statute 1 on-site photographs, black boxes images, field photographs CDs;

1. Relevant provisions of the Act on Criminal facts and Articles 148 and 54 (1) of the Road Traffic Act which choose the penalty;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing factors indicated in the records and trial process of this case, including the following circumstances and the defendant’s age, character and conduct, intelligence and environment, family relationship, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.

In light of on-site photographs, etc., the risk of road traffic cannot be light, and the normal circumstances that are favorable to the majority of traffic criminal records, such as escape vehicles, drinking driving, etc.: The fact that the mistake is recognized and the damage is recovered.

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