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(영문) 전주지방법원 2014.06.13 2014고단475
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a NAW franchise XG car.

On February 20, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.232% around 21:47, and proceeded at a speed of 50 kilometers a speed of 50 kilometers a speed of 50 kilometers a speed of 4 kilometers a speed of 50 kilometers a speed of 0 kilometers a speed of 0.232% in front of the New White Hospital, in accordance with the flown basin in the previous city.

However, at night, the driver F, who is driving in the same direction, has been a victim (oil) string and light transport string-on taxi owned by the driver F, and in such a case, the driver has a duty of care to prevent the occurrence of an accident in advance by accurately manipulating the front line and accurately manipulating the steering gear, steering gear, direction direction direction, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected his course while changing the course, received the front and rear part of the driver's seat of the damaged taxi from the front and rear part of the said damaged taxi due to his shock, thereby damaging the damaged taxi in the aggregate of KRW 748,493 due to his seal, etc., but failed to immediately stop the taxi and escape without taking necessary measures, even though he damaged the damaged taxi in the aggregate of KRW 748,493.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual survey report and on-site photographs;

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

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 accidents), and the choice of imprisonment with prison labor;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 of the Criminal Act:

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