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(영문) 창원지방법원 2017.09.27 2017고단2369
도로교통법위반(사고후미조치)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a B-learning car.

1. On June 17, 2017, the Defendant violated the Road Traffic Act (not after-accidents), 41 another 307-ro, 307, a road running on or around June 17, 2017.

While driving forward the front apartment road in the direction of the newspaper village from the direction of the offline of the offline of the offline of the apartment, the said center was destroyed by shocking the central separation stand before the left side of the suspect so that the said center was not repaired, and the said car was abandoned on the road without taking necessary measures, but left the site without leaving the said vehicle on the road.

2. On June 17, 2017, the Defendant violated the Road Traffic Act (divation of alcohol): 41 another 41 person a way from the front of the Donland in the Kimhae-si, Kim Jong-si, under the influence of alcohol leveling 0.170% during the blood transfusion around June 17, 2017 to the same 307-ro.

Up to the front road of the apartment house, the car was operated in approximately 500 meters section of the apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment within the scope of the sum of the long-term punishments of the crimes as provided for in the crimes of violation of Road Traffic Act, of which punishment is heavier, and the minimum punishment shall be applicable to such crimes as provided for in the crimes of violation of Road Traffic Act);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake is deeply divided and reflected in his/her depth; and (b) the Defendant has been punished for the same crime even before; and (c) the motive, means, and consequence of each of the instant crimes.

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