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(영문) 창원지방법원 밀양지원 2017.11.30 2017고단480

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment 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 BM5 vehicle.

On September 18, 2017, the Defendant driven the said vehicle with alcohol content of 0.133% while driving the vehicle in the influence of alcohol at around 19:45, without obtaining a driver’s license, and driven the said vehicle on the right side of the right side of the two-lanes in front of the D stations located in C when pushed, at the right side of the right side of the right side, while driving the vehicle on the right side of the road at the right side of the remainder of the running direction, while driving the vehicle on a temporary basis before entering the road at the right-hand station in the left-hand side of the running direction.

F Roster car was set up in front of the right-hand part of the F M5 car in front of the left-hand part of the said SM5 car.

Ultimately, the Defendant, without obtaining a driver’s license as above, driven the said SM5 vehicle while driving the said SM5 vehicle without a driver’s license, did not immediately stop the vehicle and stop it at the scene without taking necessary measures, even though it damages the repair cost equivalent to KRW 401,531, such as the exchange of the front offender, etc., which was managed by the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Written estimate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and unauthorized licenses of the main office;

1. Article 148, Article 54(1) (a) of the Road Traffic Act related to the facts constituting an offense, Article 148, Article 54(2)2, and Article 44(1) (a) of the Road Traffic Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (a point of driving without a license) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the following circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances constituting the sentencing conditions indicated in the records, such as the following circumstances.