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(영문) 창원지방법원 2015.08.12 2015고단1002
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2009, the Defendant issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Changwon District Court on September 21, 2009, and a summary order of KRW 2 million with the same crime at the same court on March 8, 2010.

1. At around 05:30 on April 12, 2015, the Defendant driven a DM3 car under the influence of alcohol without a vehicle driver’s license for about 1 kilometer from the 1 kilometer of the scambling off the scambling in the scambling road located in the Changwon-si, Changwon-si, to the roads in front of the gas station located in the same Gu B, and without a vehicle driver’s license.

2. Violation of the Road Traffic Act (MM3 driver’s license) (i.e., the Defendant, while driving the said SM3 car at a temporary border and driving the road in front of the above CM3 driver’s station at a non-speed speed along the four-lane two-lanes, and changing the course to three-lanes, the Defendant did not take such measures as taking the back part of the FF bus’s right side side of the E driver’s license running along the three-lanes on the left side of the said SM3 driver’s vehicle, and destroying the said SM3 driver’s back part of the repair cost so that the amount of KRW 950,180 is KRW 9,000

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (G, E);

1. Reports and photographs of traffic accidents;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Inspection of driver's licenses;

1. Written estimate;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (Attachment of the same summary order) and Acts and subordinate statutes;

1. Grounds for failure to take measures after an accident corresponding to the relevant provision of the Road Traffic Act: The point of driving under the influence of alcohol pursuant to Articles 148 and 54 (1) of the Road Traffic Act: The point of driving under the influence of alcohol without a license pursuant to Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 of the Road Traffic Act

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes shall be imposed between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (free license), and the crimes of violation of the Road Traffic Act with heavier punishment (the crimes of driving under the same Article);

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