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(영문) 창원지방법원진주지원 2020.11.12 2020고단1202
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment with prison labor 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

The defendant is a person engaged in driving a B-to-pur vehicle.

On June 25, 2020, the Defendant driven the above vehicle around 02:18, while driving the vehicle, which is located in Sacheon City C, driven the road in front of the coast guard.

At the time, there are nights, and they are delivered to the side of the road, and the delivery has a fire hydrant, so there was a duty of care to prevent accidents by accurately manipulating the front and right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the person engaged in the driver's business of the motor vehicle.

Nevertheless, the Defendant neglected to drive a stroke while overworking the steering gear on the left side, strokeed the central line, and got the fire hydrants owned by the head of Sacheon Construction Station, which was installed in the opposite lane delivery, as the left side of the opposite lane, and received as the front part on the left side of the iron fence owned by D, which was installed on the side of the opposite lane.

As a result, the Defendant, by occupational negligence, destroyed each of the above damaged objects so as to lead to repair costs, but did not immediately stop and take necessary measures, left alone and escaped without any necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each accident site photograph, actual condition survey report, and on-site photograph Acts and subordinate statutes;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act to bear litigation costs, the circumstances leading up to the occurrence of the instant accident, the fact that a motor vehicle is located on the road after the accident, while leaving the road, causing considerable danger to the road, including the records of the Defendant’s previous punishment records, and the conditions for various sentencing as shown in the arguments of the instant case

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