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(영문) 수원지방법원 2013.10.02 2012고단5949

도로교통법위반(사고후미조치)등

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

1. On January 27, 2012, at around 02:05, the Defendant violated the Road Traffic Act (measures after Accidents) (hereinafter referred to as the “Road Traffic Act”), which operated a vehicle of so-called “Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wed-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-W

Therefore, even though the above low-end car and low-end car were destroyed by scrapping and caused a traffic accident that causes damage to the H-owned building, it did not immediately stop and take necessary measures such as checking the degree of damage.

2. Despite the suspension period of a driver’s license (from December 13, 201 to March 21, 2012), the Defendant driving a motor vehicle with 3 km-Wood vehicle from the CGV road located in the Suwon-si Transferdong at the time and time as indicated in the preceding paragraph to the place of the accident as indicated in the preceding paragraph, even though the Defendant had been a driver’s license suspension period (from March 21, 201).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of the police statement to I;

1. Registers of driver's licenses;

1. A certificate of automobile-scrapping;

1. Application of each statute on photographs;

1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act suspended execution (the execution of punishment shall be suspended in consideration of the fact that the defendant has no special criminal record in addition to confession, reflectivity, and fines twice, even though he/she had the record of punishment for driving under the influence of alcohol again and causes an accident after driving under the influence of alcohol, but he/she has escaped after driving under the influence of alcohol;