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(영문) 창원지방법원 밀양지원 2013.10.10 2013고단339
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

On June 9, 2013, at around 00, the Defendant was under the influence of alcohol of 0.363% of blood alcohol content, and the Defendant was driving the said le-car, and, at the same time, was driving the le-distance intersection along which the signal apparatus in front of the academic community-type restaurant was installed at the south of the e-mail, Nam-gun, Nam-gun, Nam-gun, Nam-gun, Nam-gun, Nam-gun, Nam-gun, k

The Defendant, while driving under the influence of alcohol, was negligent in disregarding and straighting the signal while driving the signal while being red, followed by the negligence of disregarding and straighting the signal while driving the signal, followed by the victim C(50 years of age)’s top left turn to the left at the Gyeongnam convalescent hospital from the right edge of the said bus.

Ultimately, the Defendant, by occupational negligence as above, destroyed a vehicle owned by the victim to have approximately KRW 1,526,626 of the repair cost, but did not immediately stop the vehicle and take measures such as providing assistance to casualties.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C concerning traffic accidents;

1. The actual condition of traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on investigation (a report on hearing statements by a victim);

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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