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(영문) 대전지방법원 공주지원 2018.05.25 2018고단109

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On March 10, 2018, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) by driving a sealed and C truck with alcohol level of 0.098% in around 03:00, while under the influence of alcohol level of around 03:00, the Defendant left the site without immediately checking whether or not the repair charges of KRW 3,070,00,000 on the front side of the driver’s seat of the truck, and immediately stopping the road No. 23, in the direction of the Gongju-si National Highway at the front of the national highways.

2. On March 10, 2018, the Defendant driven a Cwing-III cargo vehicle while under the influence of alcohol content of 0.098% at a distance of about 20km from the frontway of the national bank in the new town at the time of public administration to the frontway of the Defendant’s residence in the same city F. From March 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigative into the results of traffic accident reports (one, two, a survey report on actual condition), and the control of drinking driving;

1. Application of the written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed a second offense, even though the Defendant had four-time driving convictions, committed a second offense. The degree of alcohol concentration and the degree of damage at the time of the instant crime is considerably long as the distance of drinking driving is not easy.

The circumstances that the defendant would lose his status as a public official and incur considerable monetary damage when a sentence of imprisonment is rendered and confirmed, etc., shall be the driving act of drinking at the last four times.