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(영문) 의정부지방법원 2018.04.25 2018고단469
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On November 11, 201, the Defendant issued a summary order of KRW 1.5 million to a violation of the Road Traffic Act (drinking driving) at the Seoul Southern District Court on November 11, 201, and a fine of KRW 5 million to a violation of the Road Traffic Act (drinking driving) at the Jung-gu District Court on March 16, 2015, respectively.

1. On December 29, 2017, the Defendant was under the influence of alcohol content of 0.119% during blood transfusion from around 21:20 on December 29, 2017, and the Defendant driven C X-ray car from around 1325 to 22-35, 132-35, both weeks at the Yangju-si.

2. Violation of the Road Traffic Act (Measures Not to be Taken after Accidents) Defendant 2 was negligent in driving the above X-ray car as his duties on the street in front of the apartment house of the said day on the same day and driving two-lanes along the two-lanes from the enclosed-dong surface to the subdefluence of the subdefluence, and was parked at the right edge of the same lane.

D She received the back portion of the left side of the EXE from the cargo to the right side of the said EXE car, and destroyed it to the extent equivalent to KRW 2,295,00,000 for repair, and instead did not take necessary measures at the time of the occurrence of a traffic accident, and escaped from the site without leaving the above EXE vehicle at the site as they were.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, such as criminal history, and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) of the same Act and Articles 148 and 54 (1) of the Road Traffic Act (the punishment after an accident, the punishment by 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 suspended execution;

1. The Defendant, even before the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, has committed the same crime twice even before the sentencing period, and recomponates the same history of punishment.

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