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(영문) 서울남부지방법원 2020.11.24 2020고단3296

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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

【Criminal Power】 On February 21, 2014, the Defendant received a summary order of KRW 2.5 million from the Seoul East Eastern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On April 15, 2020, the Defendant driven a B-Ad passenger car with a blood alcohol content of 0.194% 0.194%, and went away without taking necessary measures, as it was due to occupational negligence, while neglecting the duty of the Jeonju City, while driving a three-lane road in front of the upper king located at 358,00,000, in a single-lane direction from the upper king basin of Seongdong-gu Seoul Metropolitan Government.

Accordingly, the Defendant, as seen above, failed to perform the duty at the time of the front week while driving the car, did not take necessary measures to destroy the central separation zone by occupational negligence and escape without taking necessary measures.

In addition, the defendant violated the prohibition of drunk driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. The protocol of interrogation of the defendant's suspect on the defendant's legal statement (part on the grounds of escape) actual investigation report (traffic accident report (1) (2)), and report on the occurrence of traffic accident;

1. Control note, report on the circumstantial statement of the driver (report on the circumstances of the driver) and report on the detection of the driver;

1. A damage evaluation report;

1. Criminal records as stated in the judgment: Application of criminal records, inquiry reports, and investigation reports (report on attachment of summary orders to the records of sound driving);

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of sound driving), the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Act by adding the concurrent crimes of imprisonment with prison labor to the punishment for committing a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;