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(영문) 인천지방법원 부천지원 2016.02.16 2016고단40
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 engaged in driving a motor vehicle B with detached motor vehicles.

On November 15, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.098% in blood, and driven it in front of the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu, Nowon-gu, Seoul Special Metropolitan City, by driving it. On November 15, 2015, the Defendant got off the part of the driver’s seat after the driver’s seat of the FJ E in the Gyeong-gu police station D Special Metropolitan City, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, the Defendant got off the patrol vehicle to the extent of KRW 461,712 in repair cost, such as the exchange of the driver’s vehicle. However, the Defendant escaped without immediately stopping and without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of actual condition investigation and a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Photographs, black stuffs, and CCTV image data;

1. Application of the written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure that is not taken after destruction) of the Road Traffic Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the confession of a crime, the situation at present by the defendant, and the conditions of sentencing as prescribed by Article 51 of the Criminal Act);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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