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(영문) 서울남부지방법원 2016.07.21 2016고단1074
특정범죄가중처벌등에관한법률위반(도주차량)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

On November 11, 2015, the Defendant driven approximately 12 km from the red-interest building parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, about 6, 36, and 12 km-ro in the Eunpyeong-gu Seoul Metropolitan Government, at the front parking lot of the red-interest building located in 304-2.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the ledger of driver's licenses, the actual survey report, and traffic accident-related photographs;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The defendant's reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation are six times due to drinking driving, and the defendant's criminal liability is not easy in light of the fact that he/she again committed the crime of non-licensed driving in this case during the suspension period of the execution due to drinking driving, although he/she had a record of punishment three times due to

However, the crime subject to suspended sentence is due to driving of alcohol, and the defendant supports the mother and two children after divorceing with his wife after the crime of this case, and the crime of this case was committed in order to remove things necessary for the maintenance of livelihood, etc., by taking into account all the circumstances revealed in the arguments, such as the fact that the crime of this case was committed after the crime of this case was committed, the punishment as ordered shall be determined.

Parts of innocence

1. The summary of the facts charged is that the Defendant is a person engaging in driving Dt Motor Vehicle.

On November 11, 2015, the Defendant driving a bit car around 06:40, and driving the front road of Yeongdeungpo-gu Seoul Metropolitan Government E along with a speed of about 40 km in the speed of the Yeongdeungpo-gu Market at the bottom of the Yeongdeungpo-gu Market.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and steering gear, and by accurately manipulating the steering system.

Nevertheless, the defendant has continuously proceeded with.

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