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(영문) 대구지방법원 김천지원 2014.02.05 2013고단1487

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for six months.

However, 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

On July 24, 2006, the Defendant issued a summary order of 700,000 won for a fine due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on July 24, 2006, and one million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on November 2, 201.

On September 24, 2013, at around 20:35, the Defendant driven a rocketing car with a blood alcohol level of 0.154%, and proceeded to turn to the left from the string of the central market at the Gu-U.S., the two-lanes of the shooting distance distance, which is located in the Gu-U.S., at the Gu-U.S. arm's length, the Defendant drouted the two-lanes, and was driven to the string of a wood showr, and received the two-lanes in front of the left side of the C-U.D., which was proceeding at the above two-lanes.

As a result, the Defendant caused damage to the said car equivalent to KRW 3,479,135 to repair cost, thereby causing obstacles to the prevention of traffic hazards and obstacles to the safe and smooth traffic, but did not immediately stop and take measures necessary to recover them.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Reports on the occurrence of traffic accidents, reports on driving of drivers, and actual status survey reports;

1. Written estimate;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other 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) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had a history of criminal punishment twice due to drinking driving, causes an accident during drinking.