도로교통법위반(사고후미조치)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
1. Around 12:57 July 29, 2013, the Defendant: (a) driven a CMW car; (b) driven the Daejeon Seo-gu and the Kacheon City Expressway along one-lanes from the offwest to the new shot-gu; and (c) neglected the duty of care to prevent accidents by accurately operating the steering steering gear, thereby neglecting the duty of care to prevent accidents; (d) attempted to escape without taking necessary measures by neglecting the Defendant’s driver’s duty of care to the right side of the car owned by the victim E, driving the FK9 car in accordance with two-lanes of the same direction due to occupational negligence; and (e) 488,290 won of the repair cost to the right side of the car driven by the Defendant; and (e) failed to take necessary measures.
2. At the same time, the Defendant was driving a CMW car while under the influence of alcohol with 0.15% of alcohol level from the parking lot adjacent to the off-dong Agricultural and Fishery Products Market in Daejeon-gu to the same Gu and the Dong-dong Urban Highway from about 8km to the Dong-dong Urban Highway.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness DG;
1. A written report on detection of a host driver and a written estimate;
1. Photographs and investigation report (investigation into the damaged condition of the skin vehicle);
1. Application of the Acts and subordinate statutes of CDs;
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 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;
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 Act on the Suspension of Execution provides that it is highly dangerous in terms of traffic that may cause the driver of a damaged vehicle by driving at a considerable distance under the highest drinking level for sentencing of Article 62(1) of the Criminal Act and causing the driver of a damaged vehicle to conceal a considerable distance from the urban expressway, even if the vehicle is damaged by driving at the rapid speed on the road.