logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.02.06 2017고단4740
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

On November 6, 2017, the Defendant operated a 0.118% alcohol concentration in blood around 06:10% and proceeded with a road near the Gaar Underground Road located in Seo-gu, Daejeon, Seo-gu, Daejeon, by driving the said underground roadway separate from the Defendant’s front part of the said vehicle, and did not take necessary measures, such as immediately stopping the said underground roadway to ensure that the repair cost of the said underground roadway owned by the Seoul Metropolitan City Construction Management Headquarters of Daejeon Special Metropolitan City, Daejeon is KRW 377,00,000, the repair cost of the said underground roadway is KRW 377,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, reports on the situation of the driver of drinking alcohol, and investigation reports (the above dmark);

1. Written estimate;

1. Application of the actual investigation report on traffic accidents, on-site photographs statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of an accident and the choice of imprisonment), 148-2(2)2, and 44(1) of the Road Traffic Act (the occupation of drinking, the choice of imprisonment, and the choice of imprisonment), and Article 151 of the Road Traffic Act (the occupation of occupational negligence and the choice of imprisonment without prison labor) of the same Act;

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

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

1. Reasons for sentencing 0 unfavorable to Article 62-2 of the Social Service Order Criminal Act: The crime of this case committed by a person who, by driving under the influence of alcohol, was destroyed by a separate vehicle from underground roadway and escaped without any measure is highly dangerous and the quality of the crime is not good. It is highly high in the amount of alcohol concentration in blood. No recovery from damage to the crime of destruction is possible. 0 favorable circumstances: The confession and reflect of the crime; the confession of the crime; the crime was made against the crime; the crime was committed once a fine due to the crime of this species; the crime did not have any specific criminal history; the damage was not caused by the crime; the punishment is determined as ordered by taking into account the following circumstances; the defendant’s age, occupation, family relation; sexual behavior; the environment; the circumstances before and after the crime was committed.

arrow