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(영문) 인천지방법원 부천지원 2018.05.25 2018고단432
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On October 28, 2017, the Defendant driven the said car without obtaining a driver’s license of the said car at around 15:11, and, while driving the said car and driving the said car in the long-term road along the three-lanes of the shooting distance of the bridge in the long-term road of Kimpo-si, the Defendant suffered injury, such as divers, etc. in need of treatment for about two weeks, in spite of the electric signal, etc. being a yellow signal, in excess of the stop line in violation of the signal and attempted for a U-turn, which is prohibited as an opposite lane from the three-lanes of the road above the stop line, while trying for a U-turn in excess of the stop line, and going beyond the stop line, while driving the said car at the top part of the right side of the E-clurr vehicle of the said A-si, which was driven by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Medical certificate (D);

1. Photographss by cutting off on-site photographs and video materials;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the same Act concerning criminal facts;

1. Determination of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Violation of Road Traffic Act;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, but the punishment shall be imposed by imprisonment);

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

1. The circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures (the fact that the defendant recognized the crime of this case, the victim's injury is not excessive, and the victim's negligence is also deemed to have contributed to the occurrence of traffic accidents) and unfavorable circumstances (the defendant has already been at the morning of the crime of this case).

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