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(영문) 창원지방법원 2014.11.21 2014고단2357
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 10, 2014, the Defendant: (a) driven a 100 stopane without a license plate around 21:20 on June 10, 2014; (b) driven a 100 stop in front of the Cmate in Kimhae-si B; and (c) caused a traffic accident by a driver’s negligence, which causes damage to the victim’s eren vehicle that is parked on the right side of the road; and (d) did not take necessary measures for the traffic accident by leaving the stop of the Defendant left alone and destroying the stop vehicle of the victim.

2. The charges of the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license) have been driven by the Defendant without obtaining a motorcycle driver's license. While under the influence of alcohol with a blood alcohol concentration of 0.087%, the Defendant driven a 100-cc Oral Seab with no license plate in the section of approximately one kilometer from the Defendant's mother-si house to the Cma in Kimhae-si B.

3. Although the Defendant was prohibited from operating a motor vehicle on the road, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated the vehicle on the same date and at the same place as the above 2.

Summary of Evidence

1. Defendant's legal statement;

1. The evidence list Nos. 1 to 12 and 14 submitted by the prosecutor;

1. Previous convictions in judgment: Application of the law No. 16 of the above list of evidence;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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