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(영문) 창원지방법원 진주지원 2016.05.11 2016고단164
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

On December 9, 2015, the Defendant, at the Jinju City, driven a Do-high speed intersection in front of D, a motor vehicle driver's license, and passed the above intersection at a speed of about 40 kilometers at a speed of about 5 kilometers per hour depending on the road of the route bus at the end of 35-lanes, which is the business of driving a motor vehicle at the top of D in front of D in Jinju City, and without obtaining a driver's license, and passing through the above intersection at the speed of about 30 kilometers per hour from the end of the route bus at the end of the route bus. As such, the Defendant, without obtaining a driver's license as above, went through the above vehicle at the speed of about 40 kilometers per hour, by the negligence directly in violation of the signal, from the left side of the above vehicle at the speed of Jinju-si to the front side of the above vehicle at the speed of Do-dong elementary school, thereby damaging the victim FM5-do 360,500

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, report on actual condition survey, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (non-licensed driving point), Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are not taken after an accident), the selection of imprisonment for each sentence;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture even though the defendant had been punished several times due to driving without a license, and the defendant escaped without taking any measures in the course of the accident even though the accident occurred.

However, the defendant shall not drive the vehicle again in the state of unauthorized license, such as against his own crime and selling the vehicle of this case.

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