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(영문) 춘천지방법원 원주지원 2018.11.08 2018고단997
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 11, 2018, the Defendant violated the Road Traffic Act (i.e., an accident) driving a B apartment C Dong-dong (BJ) around 01:07, the Defendant was negligent in driving on the road on the part of the Plaintiff, while driving on the part of the B apartment C-dong (D), and driving on the road for the exclusive use of the vehicle from the E-section to the surface of the vehicle. As a result, the Defendant was under the occupational negligence of failing to perform his/her duty of care in front of the vehicle under the influence of alcohol, and went away without immediately stopping and taking necessary measures, even though the central cost was separated from the shock, thereby flying on the road, resulting in traffic obstruction and danger.

2. On November 22, 2006, the Defendant was sentenced to a summary order of KRW 50,000 to a fine of KRW 1 million for a crime of violating the Road Traffic Act in the original branch of the Chuncheon District Court on July 11, 2007, a summary order of KRW 1 million for the same crime in the same court on February 26, 2008, and a summary order of KRW 2.5 million for the same crime in the same court on February 26, 2008. On September 5, 2016, the Defendant was sentenced to imprisonment for the same crime in the same court on September 5, 201 and a suspended sentence of two years.

On June 11, 2018, at around 01:07, the Defendant driven the said vehicle on the road at approximately 5 km section from “G” located in Hanju F to the place of the said accident while under the influence of alcohol content of 0.156% without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the results of regulating drinking driving, report on the situation of a driver who takes driving, and the register of driver's licenses;

1. References to inquiries, such as criminal history, reports on investigation (netly 14), and application of statutes of Part V of the Decision;

1. Articles 148 and 54(1) of the Road Traffic Act applicable to criminal facts; Articles 148-2(1)1 and 44(1) of the Road Traffic Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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