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(영문) 의정부지방법원 2013.03.22 2013고단273

도로교통법위반(사고후미조치)등

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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. On April 21, 2013, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) (hereinafter referred to as the “Road Traffic Act”), when driving a freight vehicle B B in order to park in the direction of ordinary elementary school in the area of a chill apartment, which is located on the side of the road in the southyang-si, 269-4 (269-4), the driver of the vehicle must accurately operate the steering system, brakes and other devices of the vehicle, and shall not drive the vehicle at such a speed or in such a manner as may cause any danger and injury to others according to the traffic situation of the vehicle and the structure and performance of the vehicle, and even though the Defendant has a duty of care to report well before and after the vehicle and to prevent the accident due to the delayed operation of the vehicle, the Defendant neglected his/her repair charge to cause physical damage equivalent to KRW 1,009,697, and left the vehicle at the site without any measure.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle at a distance of about 300 meters from the road front of the parallel parallel of Pyeongtaek-si in Yangyang-si to the same place as the above paragraph (1) in a state of drinking alcohol concentration of 0.137% at a temporary border such as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site investigation (each photograph);

1. A report on detection of a host driver;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (2) 2 of the Road Traffic Act, Articles 148-2 (2) and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes of violation of the Road Traffic Act due to the failure to take any measure after causing the heavier penalty (limited to the sum of the crimes of the above two crimes): Provided, That the lowest sentence shall be limited to the punishment determined for the crimes of violation of the Road Traffic Act];

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Order to attend lectures under the Criminal Act;