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(영문) 수원지방법원 2016.06.23 2016고단125
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six 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

On August 21, 2007, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law (drinking driving), from the Suwon Friwon on January 29, 2010 to a summary order of 3.5 million won for the same crime. On November 1, 2010, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime at the Daejeon District Court.

1. On July 20, 2015, the Defendant violated the Road Traffic Act (if he/she was under the influence of 0.120% of alcohol during blood transfusions on or around 22:40 on or about 22:20, the Defendant was under the influence of 0.120%, and the Defendant was under the influence of driving a motor vehicle B with B in the direction of alcohol leveling 0.120% on the side of his/her blood, and was under the influence of driving a side road front of D Mart in Busan Suwon-gu C on the side of a prisoner of war, while he/she was under the influence of driving a motor vehicle on the opposite part while he/she was under the influence of alcohol, and was under the influence of failing to accurately operate the steering direction and brake system

E Driving

F The front portion of the F F F F F F F FM car is the back portion of the Defendant’s car and the repair cost is 2,494,580 won, and it did not immediately stop and take necessary measures to ensure that the repair cost is damaged.

2. On the day specified in paragraph 1, the Defendant driven a low-speed car under the influence of alcohol content of about 430 meters at a section of about 0.120% from a 430-meter radius from a fluorous place located in the luminous Dong-dong, Busan, to the fluoring route in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the detection of a primary driver;

1. Written estimate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2(1)1, and 44(1) of the Road Traffic Act, and the choice of imprisonment, with prison labor, for criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Code of the Aggravation of Concurrent Crimes (Provided, That the lower limit shall be the same.

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