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(영문) 부산지방법원 2020.01.21 2019고단5509
도로교통법위반(사고후미조치)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B at the same time as a driver of the vehicle B or B under the Road Traffic Act.

At around 02:20 on October 11, 2019, the Defendant, while driving the said vehicle from the direction of the center to the F market without a driver’s license, driven the said vehicle at a one-lane road in front of the Diplomatic Association in Geumcheon-gu, Busan, the Defendant, who was parked on the road from the direction of the center, was shocked into the part of the victim G, which was parked on the road, behind the part of the Hland C, which was parked on the road, to the front part of the Hawn vehicle in the front part of the Defendant’s vehicle, and escaped without any necessary measure, even though the repair cost of the Kawn vehicle was damaged to an amount equivalent to KRW 2,519,306.

2. Around 02:20 on October 11, 2019, the Defendant driving a vehicle B without a driver’s license at a section of about 3 km from the first road near the Busan East-gu, Busan to the front road located in the J of the Geum-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of G traffic accidents;

1. Application of Acts and subordinate statutes on the register of driver's licenses and estimates for automobile inspection;

1. Relevant legal provisions concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. It is so decided as per Disposition in full view of the following: (a) agreement with the victim on the reason of sentencing under Article 62(1) of the Criminal Act; (b) the history of punishment for unlicensed driving; (c) reflects his mistake; and (d) the motive and circumstances of the crime.

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