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(영문) 수원지방법원 안산지원 2018.11.09 2018고단2476

도로교통법위반(사고후미조치)

Text

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

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

On July 27, 2018, the Defendant was sentenced to a suspended sentence of two years on June, 2018, due to a violation of road traffic law (dacting driving) in the support for the development of the methods of water sources, and the judgment became final and conclusive on August 4, 2018.

The Defendant is a person engaging in driving a rocketing car.

On May 7, 2018, the Defendant driven a four-laned D-laned road in Seocheon-si C at a speed of about 0.093% alcohol during blood, while driving the said vehicle at a speed of about 30km in a speed of 0.093% at a speed of 0.0km depending on two-lanes, and failed to operate the steering direction and brake system accurately, due to the Defendant’s negligence of failing to operate the steering direction and brake system accurately, while under the influence of alcohol, and due to the Defendant’s failure to operate the steering direction and brake system in a speed of 1 ton in the front and the two-lane, the back part of the e-driving truck of the victim E driver’s length during the signal waiting stop at one lane and two-lanes, facing the left side part of the Defendant’s driving vehicle, and failed to immediately stop the said cargo vehicle and take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Written estimate;

1. On-site and vehicle photographs;

1. Previous convictions: Inquiry into records of crimes and investigation history of foreigners, inquiry into summary information of cases, and application of the relevant statutes of the judgment;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting a crime and Articles 148 and 54 of the same Act concerning the selective punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant, while under the influence of alcohol, did not take any necessary measures to cause a traffic accident that entails physical damage, and escaped, and the nature of the crime is not weak in light of the circumstances of the crime, the attitude of the act, etc.

However, if the defendant has obtained a judgment at the same time as before the final judgment, the equity in sentencing and the degree of damage are relatively minor, and the defendant's age and age.