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(영문) 대구지방법원 상주지원 2015.05.26 2015고단137
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 engaged in driving of B Poter Cargo Vehicles. On January 17, 2015, while driving a road in front of the Jeju Island Culture Center located under the Dop-Eup at the Dop-si on the Dop-si without obtaining a driver's license on January 17, 2015, the Defendant did not immediately stop and take necessary measures after the collision between the front part of D Dop-to-nick Vehicle driven by C and the rear part of the Poter Cargo Vehicle operated by C and the back part of the Defendant's driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment without prison labor, respectively;

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

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

1. The sentence is ordered as ordered, taking into account the following factors: Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: (a) the defendant has been convicted of suspended execution, etc. due to unauthorized driving, etc. of the defendant; (b) the defendant has agreed so far with the victim; and (c) the age, character and conduct and environment of the defendant; (d) the motive, means and consequence of the crime; and (e) the circumstances

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