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(영문) 서울중앙지방법원 2015.04.17 2015고단1322
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Brane car.

On December 30, 2014, at around 09:15, the Defendant: (a) driven the said car on the front side of the new forest apartment zone located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, without obtaining a driver’s license; (b) went back to the right-hand speed from the front side of the front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the right-hand speed; and (c) left behind the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and operated approximately 2 km at the front of the Defendant’s residence located in Gwanak-gu, Seoul Special Metropolitan City, without obtaining the temporary border as stated in the preceding paragraph and without obtaining the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of circumstances, such as the fact that one does not repent together, that one does not have any criminal record of imprisonment without prison labor or heavier punishment, and that the degree of injury to the victim is insignificant

1. Probation and community service order under Article 62-2 of the Criminal Act;

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