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(영문) 의정부지방법원 고양지원 2018.04.12 2018고단344
도로교통법위반(사고후미조치)등
Text

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

The defendant is a person who is engaged in driving of a car at the risk of driving the car at the B Coin.

On February 5, 2018, the Defendant driven the said car with a alcohol content of 0.142% in alcohol around 04:50%, and did not immediately stop and stop the said car at a speed of about 30km at the speed of 17,901,070 won at the speed of 30km at the city-speed of the two-lanes in order to turn to the left at the shooting distance from the entrance of the present village, while he was negligent in drinking, while he was negligent in performing his duty to turn to the left at the right side of the direction of the Defendant under the influence of alcohol, while driving the said car at the speed of 0.142% in front of the said car in ancient city, and driving the said car at the speed of the “D” located in Seo-gu, Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The application of Acts and subordinate statutes to a traffic accident report, a report on the circumstances of the driver in charge, a inquiry into the results of crackdown on drinking driving, a photograph of the damaged vehicle, a damaged condition of the damaged vehicle at the scene of the accident, a estimate of the damaged vehicle, and a written investigation report (G telephone conversations);

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (2) 2 of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after an accident and the choice of imprisonment);

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had a record of criminal punishment for driving a vehicle under the influence of alcohol in 2015, and the instant case did not take necessary measures even if the Defendant caused a traffic accident under the influence of alcohol and shocking the damaged vehicle while driving a vehicle under the influence of alcohol.

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