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(영문) 창원지방법원 통영지원 2013.04.17 2013고단57
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 05:40 on December 23, 2012, the Defendant: (a) driven a B-E car under the influence of alcohol with a blood alcohol content of 0.119% from the 4km section from the construction site located in the construction site located in the Do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Si through the 13rd.

2. Around 05:40 on December 23, 2012, the Defendant violated the Road Traffic Act (i.e., after-accident) (i., the driver’s license holder) operated a motor vehicle of the said Allied (i.e., the driver’s license holder) on the 13-way road from the right angle to the rupturer.

As stated in Paragraph 1, the Defendant, while under the influence of alcohol, stopped the front side and left side of the car in front of the left side of the vehicle of the Defendant and escaped without immediately stopping the said car in order to make the repair cost equivalent to KRW 2,451,082 in front of the left side of the vehicle of the Defendant, which was parked on the delivery of the opposite opposite lane to the moving direction of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident investigation report, a traffic accident occurrence report, and an accident-related photograph;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 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 view of failing to take measures after accidents), and the choice of imprisonment for each sentence;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished by a fine for drunk driving, and the Defendant was involved in the accident while driving without a license in around 2004.

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