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(영문) 창원지방법원 2014.09.26 2014고단1711
도로교통법위반(사고후미조치)등
Text

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

The defendant is a BM7 car driver.

1. Where any person has killed or injured any person or damaged goods due to traffic flow, such as driving of a motor vehicle, etc., the driver and other crew members of the relevant motor vehicle shall immediately stop the motor vehicle and take necessary measures to provide assistance to casualties;

Nevertheless, at around 22:10 on April 15, 2014, the Defendant was working in the Kimhae-si, Kim Jong-si, and operated the front shooting distance with the inner driving distance from the Tridong to the inner driving distance, resulting in a traffic accident that causes property damage equivalent to KRW 10,159,273, such as the front door, while driving the DaW car of the victim C, which was waiting for the signal at the same time. However, the Defendant did not immediately stop and did not take necessary measures by driving it as it is.

2. Notwithstanding the fact that the Defendant did not have obtained a driver’s license after the revocation of a driver’s license due to a violation of the Road Traffic Act (driving without a license) on November 4, 2013, the Defendant driving of the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.218% (Smoking measurement) of the blood alcohol concentration at a temporary and ordinary time, such as the foregoing paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law No. 3, 4, 6, 7, 11, 14-16 to the evidence list submitted by the prosecutor

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment with prison labor (the details of the crime in this case and the record of punishment for drinking driving shall be taken into account);

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

1. According to Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation, the accused acknowledges and reflects his fault.

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