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(영문) 수원지방법원 2017.09.05 2017고단4179
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

Criminal facts

1. On July 21, 2006, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on July 21, 2006, and the Defendant was issued a fine of KRW 1.5 million on September 7, 201 with a summary order of KRW 1.5 million for the same crime from the Suwon Branch of the Suwon Branch of the District Court on September 7, 201.

[Criminal facts] On May 10, 2017, the Defendant driven BMW car over about 1 km from the alleyway in the head of Si/Gu of Suwon-si in the form of alcohol concentration of 0.083% in blood around 00:10 on May 10, 2017 to the roads adjacent to Si/Gun/Gu of Suwon-si.

2. Violation of the Road Traffic Act (MMW car after an accident) was driven by the Defendant on the above BMW car at the time specified in paragraph 1 and entered one-lane from the above alley road to the middle school distance from the Seocheon Road to the middle school distance from the Seocheon Road, while the Defendant was going to the middle school distance from the Seocheon Road to the middle school distance.

C Operation did not discover the Drocketing taxi and proceeds without finding it, and received the first sentence part of the said BMW taxi in front of the driver’s seat of the said BMW taxi.

As a result, the Defendant did not immediately stop and take measures necessary to recover the risks and obstacles to traffic by destroying the above rocketing taxi in excess of KRW 481,788, thereby causing obstacles to the prevention of and safe and smooth traffic flow.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report (1) (2) and notification of the results of regulating drinking driving, and a report processing table 112;

1. Photographss related to traffic accidents;

1. Written estimate;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of criminal suspect's driving force);

1. Relevant Article of the Act and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning facts constituting an offense (the point of drinking).

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