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(영문) 서울서부지방법원 2018.11.22 2018고단2915
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 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 engaging in driving service of B car rental cars.

The Defendant driven the above car around 18:50 on July 23, 2018 and proceeded along the two-lanes, the left left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on, while entering the intersection, along the three-lanes in front of Yongsan-gu Seoul Metropolitan City along the direction of Hannam Station in the direction of the ice and the calendar direction.

D, while entering the intersection, the EWz S530D car operated by D was changed to a straight line, and the driver's seat of the said car rental car was damaged by the operation of the said car, and the car was destroyed by the unrepaired repair cost to the said benz, but the car was escaped without immediately stopping and taking necessary measures.

2. Around 18:00 on July 23, 2018, the Defendant was driving a B car without obtaining a driver’s license from the front of the construction site in the order to the front of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul at around 18:50 on the same day, and around 18:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Investigation report on actual condition, internal investigation (case of damage caused by this case), application of Acts and subordinate statutes to the ledger of driver's licenses for automobiles;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (a) of the Road Traffic Act that prescribes the option of punishment (a point where no measure is taken after an accident), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, sex, family relationship, and crime that there is no history of punishment heavier than fines, and that the victim's negligence has contributed to considerable portion of the occurrence of the instant accident: The defendant has been punished twice due to drinking driving and three times due to driving without a license.

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