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(영문) 수원지방법원 성남지원 2015.01.30 2014고단2926
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six 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

On November 5, 2014, the Defendant: (a) was engaged in driving a motor vehicle B; (b) while driving the motor vehicle under the influence of alcohol at a level of 0.05% in front of the moving-on road located in Seongbuk-gu, Seongbuk-gu, Sungnam-si without obtaining a driver’s license for driving the motor vehicle; (c) discovered a police officer who is under the influence of alcohol while driving the motor vehicle while drinking at a level of 0.05% in front of the moving-on road located in Seongbuk-gu, Sungnam-gu; and (d) during driving the motor vehicle, the police officer C's D Lasta police officer's shocking the motor vehicle; and (d) continued escape while repeating the traffic signal violation, the central line 23:25 on the road located in Seongbuk-gu, Sungnam-gu; and (d) did not take measures to prevent the above police vehicle from damaging the motor vehicle by operating the direction of the police officer to the right side of the motor vehicle; and (d) did not take measures to drive the motor vehicle at the above 4th direction of the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. C’s statement;

1. Detailed statement of automobile inspection and maintenance;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant provisions of subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning criminal facts, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the defendant without permission.

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