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(영문) 인천지방법원 부천지원 2019.06.20 2019고단1340
도로교통법위반등
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 29, 2018, the Defendant violated the Road Traffic Act, as a person engaged in driving BK5 automobiles, and destroyed Schlage’s building in which the police officers belonging to the traffic control division of the Seocheon-si Police Station at the front of Seocheon-si, Seocheon-si, Seocheon-si, requested the Defendant to stop a vehicle by drinking alcohol, and did not comply with the request of the Defendant during drinking control, but did not take the breath while flying hand while flying hand, and did not take the breath while flying hand, at around 23:30 on the same day, the Defendant destroyed Schlage’s building in which the 2,050,000 won repair costs, such as damage, etc., received from the victim E-owned in Seocheon-si, Seocheon-si, Seocheon-si.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder BK5, operated the said automobile which was not covered by mandatory insurance at the time and place specified in paragraph (1), even if he was prohibited from operating on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Reporting on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Mandatory insurance policies;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Article 151 of the Road Traffic Act (the point of causing negligence in the course of performing duties, the selection of imprisonment without prison labor), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating an insurance without insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) as a result of the breath of drinking alcohol during the measurement of the reason for the sentencing, the risk of committing the crime was substantial due to the damage to the building, etc. that was being driven by the vehicle while driving the vehicle to be exempted from arrest, and the victim was unable to expect damage recovery due to the failure to purchase a mandatory insurance policy.

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