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(영문) 광주지방법원 순천지원 2013.11.13 2013고단1460

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

1. Around 00:35 on July 8, 2013, the Defendant: (a) driven a B SP car in order to drive the car, and led the victim EF column owned by the victim, who was parked on the right side of the vehicle by driving the car at a speed of about 50 km from the east-gu, Doyang-gu, Doyang-gu, Seoul to the east-si at a speed of about 50 km in speed from the east-gu to the east-si. In order to drive the road at a speed of about 50 km in speed, the Defendant got off the C-owned part of the vehicle that was parked on the right side of the vehicle of the Defendant, and led the victim EF column, which was parked on the right side of the vehicle, to shock the driver part.

The Defendant, as above, escaped without taking necessary measures, such as immediately stopping the car and immediately stopping the car so as to cover KRW 5,347,327 of the repair cost, such as the exchange of ecuake floor panels, etc., and the 1,144,194 of the repair cost, such as the exchange of ecuas and libs, for the above ecoos car to move into KRW 1,144,194.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at a section of approximately 1.5 km from the front day of the Green Givek fish farm board to the front road of the same Eup located in the same Eup/Myeon from the date set forth in paragraph (1) of this Article, while under the influence of alcohol of about 0.209% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. C and E written statements;

1. The actual condition of traffic accidents;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Investigation report (related to the application of the Tramark);

1. Application of each written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving) and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents); and

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

1. Selection of each sentence of imprisonment;

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

1. The defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.