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(영문) 의정부지방법원 2019.05.13 2005고단451
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 who is engaged in driving of Bone Star Car.

The Defendant, without obtaining a driver’s license, driven the said vehicle under the influence of alcohol of 0.07% on December 31, 2004, while driving the said vehicle at a 0.07% alcohol level, and driving the front floor of the Daori-si into a Do tax office’s distance away. The Defendant, at the start of the signal waiting, went back without taking necessary measures, such as aiding and abetting the Defendant’s vehicle behind the victim E (the age of 45) driving by failing to properly operate the brack, thereby leaving the vehicle behind the Defendant’s vehicle while driving the vehicle at the lower end of the 45-year driver’s license. At the same time, the Defendant, while driving the said vehicle under the influence of alcohol of 0.07%, destroyed the car to repair cost of 308,310 won, and immediately stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents;

1. The circumstantial report on the driver and the report on detection of the driver;

1. A medical certificate;

1. Written estimate;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-3 (1) 2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 7545 of May 31, 2005) and Article 5-3 (1) 2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 7545 of May 31, 2005), Article 106 and Article 50 (1) of the former Road Traffic Act (amended by Act No. 7545 of March 31, 2005; hereinafter the same shall apply), Articles 107-2 subparagraph 1 and 41 (1) of the former Road Traffic Act (amended by Act No. 7545 of May 31, 2005), Article 109 and Article 30 (1) of the former Road Traffic Act

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment provided for in the provisions of Articles 40 and 50 of the Road Traffic Act between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with

1. Selection of each sentence of imprisonment;

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

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