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(영문) 대전지방법원 공주지원 2017.02.03 2016고단366
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

1. On October 21, 2016, the Defendant violated the Road Traffic Act (i.e., measures to be taken after an accident) went back from the “D” front of the “D” vehicle located in C at the time of official residence with the operation of around 01:25 on Oct. 21, 2016, the Defendant, while under the influence of alcohol, went back from the vehicle without leaving the vehicle alone on the road, without leaving the vehicle back to the next end of the FMW vehicle owned by the victim E, who was under the influence of alcohol and left the vehicle behind the left end of the passenger vehicle owned by the victim E due to an occupational negligence, and went back from the vehicle without leaving the vehicle on the road.

2. On October 21, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving a B rocketing car under the influence of alcohol with approximately 13km alcohol concentration of 0.15% without obtaining a driver’s license from the front of a mutually aesthetic restaurant located in the seat of the Do-type city of Sejong-si to the front road of the said accident site, which is the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of G and E;

1. 112 Report processing statement, report on the occurrence of a traffic accident, report on a traffic accident (1) (2) (1) (2) and report on the results of regulating driving of drinking, inquiry about the results of crackdown on driving of drinking, report on the situation of the driver under driving of drinking, report on the details of regulation, and the register of driver's licenses;

1. Application of a written estimate or an accident site photograph-related statute;

1. Articles 148 and 54(1) of the Road Traffic Act applicable to criminal facts; Articles 148-2(2)2 and 44(1) of the Road Traffic Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning criminal facts;

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

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

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