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(영문) 인천지방법원 2013.12.23 2013고단6785

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. The defendant is a person who is engaged in driving a Crane vehicle;

On September 23, 2013, the Defendant driven the above vehicle at around 23:30 on September 23, 2013, and proceeded with the two lanes in front of the Incheon Bupyeong-gu Busan Bupyeong-gu Incheon Bupyeong-gu, U.S. Bupyeong-gu, along the second line. As long as he neglected the duty to follow the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are exercised

Nevertheless, the Defendant immediately stopped and escaped without taking necessary measures to confirm the exact damage situation, etc.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the time and time set forth in paragraph (1) of this Article, driving the vehicle under the influence of alcohol with a blood alcohol concentration of 0.135% without obtaining a driver’s license from the front day of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the front day of the same large-sea area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to F and D;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. Grounds for failure to take measures after an accident corresponding to the relevant provision of the Road Traffic Act: The point of driving under the influence of alcohol pursuant to Articles 148 and 54 (1) of the Road Traffic Act: The point of driving under the influence of alcohol without a license pursuant to Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Concurrent Crimes of Violation of the Road Traffic Act due to Driving of Motor Vehicles and Unlicensed Driving, and Punishment for Violation of the Road Traffic Act due to Driving of Motor Vehicles with heavy punishment);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be more severe and subsequent to the violation of the Road Traffic Act due to the failure to take any measure;