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(영문) 대구지방법원 2015.02.05 2014고단6114
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 7, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Daegu District Court. On September 16, 2010, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a person who is engaged in driving of a passenger car by borrowing the vehicle.

1. Around 22:50 on October 18, 2014, the Defendant driven the said vehicle under the influence of alcohol concentration of approximately 0.181% from the front of a restaurant to the front of the Dong-gu Do road, where the cross-discepter in the trade name (west change) is located in the west-gu Northwest-gu, Daegu (Sgu).

2. Violation of the Road Traffic Act (Ch.A.) (In the above temporary border, the Defendant driven the above vehicle at the above temporary border, and left to the Doge-distance distance from the direction of the police box at the Dog-gu Northwest-gu, Daegu-gu, and escaped without damaging the said facility and without taking necessary measures so that the repair cost would be approximately KRW 219,000,000, for the traffic safety facilities (Direction signs) installed by the victim Daegu-gu Police Agency (Direction signs).

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Written estimate;

1. On-site photographs, photographs of the skin, etc. immediately after the accident;

1. Records and records: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 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 accidents), the choice of imprisonment;

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. The Criminal Act to order the compliance officer lecture; and

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