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(영문) 수원지방법원 성남지원 2020.02.04 2019고단2627
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. Around 10:30 on August 24, 2019, the Defendant violated the Road Traffic Act (outstanding measures) (on the part of the Defendant’s vehicle) in front of the Estrento car driving in the victim D(50 years old), which was stopped within the said intersection on the right side of the Defendant’s vehicle and stopped at the right side of the road, while driving the B Corrodo cargo to turn to the right side at the right side of the port side of Gwangju City, and driving the said intersection to the right side of the port side at the right side of the port side of Gwangju, and leaving the scene without taking necessary measures, such as immediately stopping the said intersection and checking the degree of damage.

2. On January 3, 201, the Defendant has the record of receiving a summary order of KRW 4 million from a fine of KRW 4 million due to a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on January 3, 201.

Nevertheless, at around 11:13 on August 24, 2019, the Defendant, while under the influence of alcohol of 0.118% of blood alcohol level, violated the provision on the prohibition of drinking driving by driving Bcop-rayed cargo at approximately 4.3 km from the front road of Gwangju City to the front road of Gwangju City at approximately 4.3km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A survey report on the actual condition, a black fluor photograph (10 pages of investigation records), a vehicle photograph (20 pages of investigation records), a completion of repair (54 pages of investigation records);

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and investigation report (report on the application of the Ba mark);

1. Application of criminal records, reply reports, and summary order (investigative records 94 pages)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

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