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(영문) 대구지방법원 김천지원 2015.09.17 2015고단675
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 13, 2006, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on December 13, 2006. On October 5, 2009, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court.

【Criminal Facts】

The defendant is a person who is engaged in the operation of B rocketing.

Around 06:30 on June 5, 2015, the Defendant was punished for driving under the influence of alcohol twice or more as above, while driving the said vehicle under the influence of alcohol by 0.253%, and driving the said vehicle along the D convenience point ahead of the D convenience point in the old city C from the private road, the Defendant did not take necessary measures, such as immediately checking the damage caused by the repair cost of KRW 409,060 on the front side of the above vehicle by receiving the outer wall of the convenience store building from the front side of the repair cost of KRW 409,060.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. A traffic accident occurrence report, on-site photographs, a report on the actual state of a driver, a survey report on actual condition, a certificate of blood alcohol concentration, and an accident video CD;

1. Written estimate;

1. Criminal records, inquiry reports, investigation reports (verification reports on the same type of crime records), and application of two copies of written judgments to Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 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 punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to an aggravated punishment for a violation of the Road Traffic Act with heavy punishment, but the lower limit shall be the punishment determined for a violation of the Road Traffic Act);

1. The degree of discretionary mitigation of crimes under Articles 53 and 55(1)3 of the Criminal Act.

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