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(영문) 대구지방법원 2015.08.20 2014고단3755
도로교통법위반(사고후미조치)등
Text

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

Reasons

Punishment of the crime

On August 16, 2012, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Daegu District Court on February 13, 2013, and completed the execution of the sentence at the Daegu Detention House on February 13, 2013, and on May 16, 2014, the Defendant was issued a summary order of seven million won for the same crime at the same court.

On April 21, 2014, at around 18:32, the Defendant, while driving a vehicle B, with approximately 300 meters alcohol concentration of about 0.197% in the condition of alcohol in front of the border Neng-si in Busan Metropolitan City, and driving a vehicle with B, which was not covered by automobile mandatory insurance, but failed to take necessary measures to ensure that the sum of the repair costs would be KRW 1,00,000,000, by taking pents installed on the center line under the influence of alcohol and destroying it without taking necessary measures.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the actual state of the driver;

1. The actual condition survey report;

1. Mandatory insurance policies;

1. Written estimate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 151 of the Road Traffic Act (the point of causing damage to property by negligence), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage to property), Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015); the choice of imprisonment for each sentence;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, even though the defendant had a record of being punished several times due to drunk driving, causing a traffic accident by driving another time during the period of a repeated crime and escape from the same, is that the crime's nature is somewhat minor;

In addition, the motive of the instant crime, etc.

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