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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
1. The Defendant is a person who is engaged in driving a vehicle BVS G80 in driving a vehicle.
On July 30, 2019, at around 03:45, the Defendant driven the said car and proceeded along the two lanes in Seoul in the direction of Seoul at a more than five-lane road in front of Kimpo-si, Kimpo-si, and the victim D(65 years old) driven by the victim D(65 years old) who driven in the same direction three-lanes in the same direction did not avoid moving into two-lanes, and instead, the Defendant got back the left-hand side of the MF3 car in front of the right-hand side of the said NA3 car in the above NApo-si.
Ultimately, even though the Defendant damaged the MF3 car to have an amount equivalent to KRW 1,681,828 of the repair cost due to the foregoing accident, the Defendant left the vehicle immediately and escaped without taking necessary measures after the accident.
2. On January 16, 2007, the Defendant has the record of receiving a summary order of a fine of two million won for the crime of violating the Road Traffic Act from the Seocho District Court's branch court in Chuncheon on January 16, 2007.
On July 30, 2019, at around 03:45, the Defendant driven a NAS G80-si car from the vicinity of Kimpo-dong Kimpo-dong Kimpo-si to the front of the F apartment G-dong of the same city while under the influence of alcohol of 0.137% of blood alcohol level.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. A H statement;
1. Reports on the occurrence of traffic accidents, actual condition investigation reports, and circumstantial statements of the driver concerned;
1. Report on internal investigation (the summary of the case and suspicion of a measure not to be taken after the accident of A);
1. A written estimate;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;
1. Relevant Article of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Criminal Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident), and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)3 of the Criminal Act shall be applicable.