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(영문) 대구지방법원 2015.08.27 2015고단3174
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 person who is engaged in driving a B knife vehicle.

On June 5, 2015, at around 22:35, the Defendant driven the above van while under the influence of alcohol with 0.202% of alcohol concentration 0.20%, and led the Defendant to go from the salin apartment in front of the Royal apartment in the Gandong, North Gyeongg-gun, North Gyeong-gun, North Korea, in the direction of the new world.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to perform his duties under the influence of alcohol and neglected to do so, by negligence, committed a violation of the duty at the front time, and received the part of the victim C, a victim C, who was parked on the right side of the said road, which was parked on the right side of the said road.

Ultimately, the Defendant, by occupational negligence above, destroyed the car owned by the victim to cover KRW 1,587,50,00 of the repair cost, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of the 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), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property), and choice of imprisonment for each sentence;

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

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The same kind of electricity and circumstances in which blood alcohol content is very high shall be reflected, and the community service or lecture attendance order shall not be re-offending again;

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