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(영문) 전주지방법원 2018.01.23 2017고단1917

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant was issued, respectively, a summary order of KRW 2 million on July 3, 2014, and a fine of KRW 3 million on May 8, 2012, respectively, by the Jeonju District Court for a violation of the Road Traffic Act.

On August 8, 2017, the Defendant, while under the influence of alcohol level of 0.19% in blood around 18:50 on August 8, 2017, driven Croro-V car on the road at approximately 5.6 km away from before the examination site of the former North Korean driver's license to the 359-13 Ethical East-ro, Seoul Special Self-Governing Province, the 36-13 Ethical East-ro, Seoul Special Self-Governing Province.

2. Violation of the Road Traffic Act (Non-measures after Accidents) is a person engaged in driving of Cuba SUV car. On the first day of paragraph 1, the Defendant was negligent in not operating the steering gear due to the influence of alcohol while driving the said car under the influence of alcohol level 0.19% while driving the said car under the influence of alcohol level 0.19%, and left the site without taking any measures to reduce the repair cost of the said car to KRW 1,400,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Reporting on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Written estimate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Selection of each sentence of imprisonment with prison labor under Articles 148, 54(1), and 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts;

1. The reasons for the observation of protection under the former part of Article 37, Article 38(1)2, Article 50 of the Act on the Suspension of Execution of Article 62(1) of the Criminal Act, and Article 62-2 of the Act on the Punishment of Concurrent Crimes, even though the defendant had been punished due to drinking multiple times, he/she caused a traffic accident while driving in a very serious drinking condition, and taking necessary measures therefor.