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(영문) 창원지방법원 2017.01.13 2016고단3542
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

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with sod motor vehicle B.

On August 19, 2016, the Defendant driven the said car under the influence of alcohol level of 0.283% from blood alcohol level around 09:50 on August 19, 2016, and driven the road of the three-lane adjacent to the entrance of the cheon-si Parking Lot at Changwon-si.

When the driver's car parked at the edge of the road in the vicinity of the F convalescent hospital, which is located at the window E in the city of Changwon, the driver's vehicle of the defendant who was parked in the edge of the road in the vicinity of the F convalescent in the city of Changwon, makes it clear to the day of contact, makes it clear to the day of contact, and makes it doubtful about the driver's driving of drinking, the driver prevents the front of the driver's car on the road in the vicinity of the above three-lane, and the defendant received the part on the front of the driver's car in front of the driver's vehicle of the defendant.

The Defendant, upon having granted a traffic accident as above, did not immediately stop and take necessary measures, such as checking the degree of damage, even though the said vehicle was damaged by the repair cost of KRW 425,778, such as printing and painting.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (C);

1. A report on the occurrence of a traffic accident, a traffic accident report, and an on-site map of a traffic accident;

1. Photographs of the damaged vehicle;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of the written estimate statutes;

1. Grounds for failure to take necessary measures against criminal facts: Articles 148 and 54(1) of the Road Traffic Act that drive a motor vehicle under the influence of alcohol: Articles 148-2(2)1 and 44(1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are the crimes of violating the Road Traffic Act on 2006.

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