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(영문) 서울서부지방법원 2016.12.13 2016고단3116
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 05:00 on June 26, 2016, the Defendant was driving a B- cruise car under the influence of alcohol level of about 0.164% without obtaining a driver’s license from the 396km-dong, Jung-gu, Seoul to the 204m intersection of the loan area located in Yongsan-gu, Yongsan-gu, Seoul to the 396-16-16-2.

2. A violation of the Road Traffic Act (unnecessary Measures after Accidents) (hereinafter referred to as the "Road Traffic Act") was driven by the above car at the time and time set forth in paragraph (1) and entered the crosssection of the loan area in 204 as the Yongsan-gu Seoul, Yongsan-gu, Seoul, and escaped without taking necessary measures, such as immediately stopping and checking damage, even though the part of the fence behind the driver's seat of the D urban bus driven by C, who was under direct control pursuant to green signals, from the right right side of the front side of the vehicle of the defendant, was taken as the part of the front part of the vehicle, and damaged the said bus to be in excess of KRW 758,000,

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report, the report on detection of a de facto driver, the report on the circumstantial statements of a de facto driver, the details of enforcement, and the register of driver's licenses;

1. Written estimate of repair costs;

1. Application of Acts and subordinate statutes governing bus booms video materials CDs, suspect vehicle collection photographs;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes (a punishment imposed on a violation of the Road Traffic Act or a violation of the Road Traffic Act (a without license) and a violation of the Road Traffic Act (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

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

1. The Criminal Act, the suspension of execution;

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