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(영문) 제주지방법원 2018.05.30 2017고단2378
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. A defendant is a person who is engaged in driving of a motor vehicle with B low speed, in violation of the Road Traffic Act (after-accident).

On 15:43 on 24, 2017, the Defendant: (a) while driving a motor vehicle to a hotel, using the said motor vehicle on the front edge C at Jeju-si, the Defendant: (b) due to the negligence in the course of the duties of driving the motor vehicle without obtaining a driver’s license; and (c) due to the negligence in the duties of driving the motor vehicle on the front edge of the said motor vehicle, the victim D (n.e., the victim D (n., the 40 years old) who driven the said shooting distance toward the interlock distance from the duty-free shop on the right edge of the said motor vehicle, caused the victim’s motor vehicle to break up KRW 1,263,141 on the front edge of the motor vehicle and immediately stop the motor vehicle and failed to take necessary measures, such as aiding the damaged person.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle B with B low-priced string without obtaining a driver’s license as above at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and related photographs;

1. The driver's license ledger;

1. Written statements related to D traffic accidents;

1. Application of written estimates (E) Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (a) of the Road Traffic Act that requires the option of punishment, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the reasons for sentencing, shall be determined as ordered by considering the following circumstances;

The favorable circumstances: The recognition of crime and reflects it, and the victim does not want the punishment of the defendant in consultation with the victim of the traffic accident.

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