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A defendant shall be punished by imprisonment for not more than ten 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
On October 27, 2006, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act from the Suwon District Court on October 27, 2006, and a fine of KRW 2 million from the same court on October 31, 2008.
1. Around 23:50 on November 2, 2013, the Defendant driven a car in the C Spart area from the front Dog to the road of about 800 meters in front of the same riton Dog-top in the form of alcohol alcohol concentration of 0.147% at the 0.147%.
2. On November 23, 2013, at around 23:50, the Defendant violated the Road Traffic Act (i.e., the accident) (i., the U.S.) and (ii) the U.S. saw road in front of the U.S. P. P. P. P. P. P. P. P. 30 to 40km from the h. g. g. g. g. g. g. g. g. g., the Defendant did not immediately stop the E-p. g. g. g. g. g. g. g. in front of the g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. The circumstantial report on the driver, and the written report on the driver's license;
1. Application of the receipt statute
1. Relevant legal provisions concerning the facts of crime, Articles 148, 54 (1), 148-2 (1) 1, and 44 (1) of the Road Traffic Act, the choice of imprisonment, and the choice of each sentence;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes resulting from a violation of the Road Traffic Act due to a failure to take any measure subsequent to the destruction or damage of heavy objects, and the lower limit shall be that which is prescribed for the violation of the Road Traffic Act];
1. Voluntary mitigation is a confession or reflect under Articles 53 and 55(1)3 of the Criminal Act, or there is no criminal record of suspended execution or more;