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(영문) 수원지방법원평택지원 2020.09.15 2020고단1116
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 31, 2013, the Defendant was given a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on October 31, 2013.

【Criminal Facts】

1. Around 04:05 on May 5, 2020, the Defendant violated the Road Traffic Act (after-accident) (the U.S.) while driving a B Tex motor vehicle under the influence of alcohol level of 0.078% and driving the front road in the D direction when he is safe, the Defendant was driving in the direction to train the front road in the D direction. On the left side of the above road, the guard day on the left side of the above road was taken in front of the above vehicle, and the scattering of the vehicle is scattered on the road. Although the above vehicle is parked on the road and stopped on the road, it would seriously obstruct traffic of other vehicles, and left the scene of the accident without taking necessary measures at the scene of the accident.

Accordingly, the Defendant did not take necessary measures when a traffic accident occurs.

2. Although the Defendant was punished for a violation of the Road Traffic Act (driving) on May 5, 2020, the Defendant driven a Bsch Rexroth vehicle under the influence of alcohol concentration of approximately 0.078% from the section of about 30 km to the road located within Ansan-si in Suwon-si at around 04:05, May 5, 2020.

Summary of Evidence

1. The legal statement of the accused, the actual condition of the traffic accident, the report on the circumstances of the drinking driver, the investigation report (report on the circumstances of the drinking driver), and the report on the results of the crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148, 54 (1) of the Road Traffic Act, Articles 148, 148-2 (1) and 44 (1) of the Road Traffic Act (the point of violation at least twice of the Regulations on Prohibition of Sound Driving), the choice of penalty for each imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

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