beta
(영문) 수원지방법원 안양지원 2016.04.21 2015고단1809

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle with sod vehicle of C. A.

On August 7, 2015, the Defendant driven the said vehicle without obtaining a driver’s license from around 01:00 and driven the vehicle in front of the new line of the Dong-dong at the safe park, driving the vehicle along the front line of the new line of the front line of the front line of the vehicle without properly operating the brake system from the shooting distance of the free park, and received the pedestrian signal, etc. installed there from the front line of the vehicle.

As a result, the Defendant, while destroying and damaging the above pedestrian signal, etc. to the extent that the repair cost is approximately KRW 3,073,400, failed to stop immediately and take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. A traffic accident report or an occurrence of a traffic accident;

1. The driver's license ledger;

1. Written estimate;

1. Application of statutes on the photograph of the case

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (non-licensed driving point), Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are not taken after an accident), the selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant committed each of the instant crimes without being aware of the fact that he/she had been sentenced to a fine on two occasions due to driving without a license since 2015, which are favorable to the fact that he/she committed the instant crimes without being aware of the fact that he/she committed the instant crimes: The vehicle driven by the defendant was subscribed to a comprehensive motor vehicle insurance; the above circumstances and the defendant’s age, sex, environment, circumstances, means and results of the instant crimes; and the conditions of sentencing, such as the following circumstances, shall be determined as the sentence as ordered in consideration of all the conditions of sentencing.