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(영문) 서울북부지방법원 2015.11.11 2015고단2545
일반교통방해
Text

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

The defendant is a person who drives C rocketing car in the name of the wife B.

On December 20, 2014, at around 04:04, the Defendant turned off the road which is slicked due to snow on the road at a slick speed in the front of the road in the middle-gu Seoul Metropolitan Government, along the three-lane direction of the road in front of the road in the middle-gu Seoul Metropolitan Government, along the one-lane direction of the road in front of the road in the middle-gu, the Defendant reslicked the central separation zone with the front one of the said vehicle, and reslicked the central separation zone with the rear one, and stopped on the street on the one-lane.

The Defendant reported to 112 or moved the vehicle to the side by moving the said vehicle to the roadside, etc., thereby hindering the traffic of the vehicle, without taking any measures, by leaving the said vehicle alone over the two-lanes and leaving the vehicle at the site without any measures.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, on-site evidence and photographs of each site, and the next red inquiry report;

1. Article 185 of the Criminal Act applicable to the crimes;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is a suspended sentence, without taking ex post facto measures to conceal the facts of driving a vehicle after having paid a traffic accident, leaving a vehicle alone on the road and obstructing the traffic of the vehicle by leaving the accident site. Since the nature of the crime is grave, it is not good that the circumstances after the crime are committed. However, the defendant is against the crime, there is no criminal record other than once a fine due to drunk driving, and the sentencing factors indicated in the records of this case such as the circumstances, attitudes, conditions after the crime, age, character and conduct, environment, etc. are considered.

It is so decided as per Disposition for the above reasons.

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