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(영문) 부산지방법원 서부지원 2020.01.08 2019고단728
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On December 25, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) (hereinafter “instant vehicle”) without obtaining a driver’s license, driving a vehicle from the front of the C parking lot located in Kimhae-si B to the front road of the E elementary school located in Gangseo-gu, Busan (hereinafter “instant vehicle”).

2. On December 25, 2018, while engaging in driving of the instant vehicle, the Defendant: (a) driven the instant vehicle at around 06:00 on December 25, 2018; and (b) driven the instant vehicle along the two-lane road in front of the e elementary school located in Gangseo-gu Busan Metropolitan City, at a e-road speed from the right side to the Kim Sea along the two-lane road; (c) obstructed the CCTV control platform installed at the same location beyond the left side of the road; (d) destroyed the instant vehicle by breaking it over the front part of the instant vehicle; and (e) obstructed the road by its shocking the said prop, and the electric wire of the said prop is increased on the road; and (e) escaped without taking any measure despite the scattering of the instant vehicle and the instant stone, etc., regardless of the fact that they were scattered on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accidents, the register of driver's licenses of motor vehicles;

1. Application of statutes on site photographs;

1. Relevant laws concerning the facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of the sum of the maximum term of the punishments prescribed for each of the above crimes, the aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment];

1. Article 62 (1) of the Criminal Act;

1. The case is again one of the reasons for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished several times for driving without a license.

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