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(영문) 의정부지방법원 고양지원 2017.11.30 2017고단3115
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Csch Rexton car.

Around 14:45 on September 28, 2017, the Defendant operated the said car, and 55 in a valley, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, and then went into the direction of apartment on the access road to the apartment site 2 complex of the valley village village in the direction of apartment, and then went into the direction of apartment, without a driver's license, while neglecting the duty of 0.269% under the influence of alcohol during blood alcohol while driving in the same direction without a driver's license, and by negligence proceeding in the same direction without neglecting the duty of her former direction, the part of the victim's Esp car driven in front of the driver's seat of the said car in the same direction is shocked with the top part of the said car, thereby damaging the victim to have an amount equivalent to KRW 800,870 by repairing the wheelchairs, etc., and even without immediately stopping it and failing to take necessary relief measures.

2. The Defendant was driving a motor vehicle under the influence of alcohol concentration of 0.269% in blood without a driver’s license at a temporary location, such as paragraph 1, at the same time as that of paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on a traffic accident, report on the occurrence of a traffic accident, report on the circumstances of a driver driving, notification of the results of crackdown on drinking, and the ledger of driver's licenses;

1. Written estimate;

1. Application of statutes, such as site photographs;

1. Articles 148, 54(1) (a) and 148-2(2)1, 44(1) (a) and 152 subparag. 1 and 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;

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