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(영문) 인천지방법원 부천지원 2016.04.19 2016고단578

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 11, 2011, the Defendant was issued a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on February 11, 201, and on July 5, 2013, the Defendant issued a summary order of a fine of 5 million won for a crime of violating the Road Traffic Act at the Incheon District Court on July 5, 2013.

On March 11, 2016, the Defendant was under the influence of alcohol content of 0.127% during blood transfusion, while driving a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, and did not immediately stop and take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A fact-finding survey report, a traffic accident occurrence report, a statement on the circumstances of the (main driver) driver, and a report on the detection of the main driver;

1. Written estimate;

1. Photographs related to accidents;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(1)1, 44(1) (the point of drinking) of the Road Traffic Act, Articles 148, 54(1) (the point of not taking measures after an accident) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);