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(영문) 서울중앙지방법원 2019.05.28 2019고단1983
도로교통법위반(무면허운전)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. The Defendant is a person who drives B’s vehicle before driving without a license or drinking.

On February 5, 2019, at around 07:45, the Defendant driven the said car at a 16km section from the front of the main station near the Seocho-gu Seoul Metropolitan Government Seocho-gu Gyeongnam Station to the front of the road in front of the branch station near the Seocho-gu Seoul Western Station while under the influence of alcohol by 0.129% without obtaining a driver’s license.

2. Around 07:50 on February 5, 2019, the Defendant left the intersection of 61-lane 10, Gangnam-gu Seoul, Seocho-gu, Seoul, to Chump, along the south of the intersection, and escaped without immediately stopping the said intersection, and without taking necessary measures, such as removing fugitives, even if he/she was able to run the said intersection from the left side of the Defendant’s car driving direction.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of the statutes governing traffic accident photographs;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of without a license) concerning the facts constituting an offense, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and punishment provided for in the crimes of violation of the Road Traffic Act with more severe punishment;

1. Selection of each sentence of imprisonment;

1. Among concurrent crimes, the maximum penalty for concurrent crimes within the scope of the sum of the long-term punishments determined for the crimes of violation of the Road Traffic Act which are heavier than the punishment prescribed in the former part of Article 37 and Article 38 (1) 2 of the Criminal Act from among concurrent crimes: Provided, That the minimum penalty shall be that for the crimes of violation of the Road Traffic Act (the punishment which is set forth for the crime of

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