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(영문) 춘천지방법원 속초지원 2014.01.22 2013고단461
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

1. On July 18, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and operated a C EFstst or other car from the section on the street to the same elementary school around that time through the intersection of the Jinari-gun High School at the Jinari-gun high level.

2. On July 18, 2013, the Defendant driving a vehicle as specified in Paragraph 1 of the Road Traffic Act at around 21:30, and driving the vehicle at around 21:30, and driving the two-lane road in front of the said vehicle at a speed of about 80 km from the intersection to the intersection of the intersection of the intersection at about a speed of about 80 km from the intersection of the intersection. On the other hand, the Defendant did not discover the Eland Kamenle that the victim D driven in front of the signal at the intersection of the front intersection and caused a traffic accident that damages the said Kamen to the extent that the said 2.80,000 won of the repairing cost of the said vehicle.

Nevertheless, the Defendant did not take necessary measures to eliminate and prevent the risks and obstacles to road traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The surface of automobile driving;

1. Reports (1), (2) on traffic accidents;

1. Written estimate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article of the Act on the Crime and Articles 152 subparagraph 1, 43, 148, and 54 (1) of the Road Traffic Act, the selection of imprisonment for a crime, or the selection of a penalty;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant escaped without taking any necessary measure against traffic accident in the state of unauthorized license, the defendant was punished four times by a fine due to driving without a license or drinking under the influence of alcohol, and the probation is suspended due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act in 2010.

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