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(영문) 서울중앙지방법원 2016.06.15 2016고단1251
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 3, 2015, the Defendant: (a) driven a scoo vehicle in B around 02:19 on December 3, 2015; (b) waiting at the first line on the three-lane road in front of the building for the wind industry in the vicinity of the city railway industry in Gangnam-gu, Gangnam-gu, Seoul; and (c) moving the vehicle to the right-hand turn from the front line of the road in the direction of the Guero eight-lane in order to pass the right-hand distance from the above shooting distance; (d) the front part of the D SM5 vehicle driven by the victim C who stops in the front line of the traffic signal at the front line of the vehicle of the Defendant, by shocking the front part of the vehicle of the Defendant, thereby damaging the front part of the CM5 vehicle that cannot be seen.

Nevertheless, the defendant immediately stopped and did not take necessary measures such as providing assistance to casualties, and left the place of accident as it is.

2. On December 3, 2015, the Defendant, without a driver’s license, driven a cussing vehicle in B from the 823-34, Gangnam-gu Seoul, Gangnam-gu, Seoul to the 552-15, Dorodong, Gangnam-gu, Seoul, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Bluice stuffs images;

1. Reports on internal investigation (specific cases as suspects);

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

1. Article 148, Article 54(1) (a) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a non-licensed driving) of the relevant Act;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the term of punishment aggregating the maximum term of punishment prescribed for each crime);

1. The reasons for sentencing under Article 62(1) of the Criminal Code of the suspended sentence include the fact that the defendant had been punished by a fine due to drinking or non-licenseless driving three times, on the other hand, the victim does not want the punishment of the defendant in agreement with the victim, and the age of the defendant.

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