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(영문) 광주지방법원 2018.09.13 2018고단2956
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six 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 May 12, 2018, the Defendant, while under the influence of alcohol level of 0.150% among blood transfusion around 22:45 on May 12, 2018, the Defendant: (a) driven a motor vehicle with B low-speed straw; (b) driven a two-lane of a two-lane road in front of the D gas station located in Gwangju Seo-gu, Gwangju; and (c) driven a three-lane of the said road by negligence, while neglecting the duty of care to drive safely, such as making the front and rear left left and right well, and by neglecting the duty of care to drive safely.

E With the left side of the Fstynael driven by E, the upper pent part of the Fstynael was placed in front of the right side of the said string car, and even though the said string taxi was damaged to the degree of 478,200 won per repair, it did not immediately stop the said string taxi and take necessary measures.

2. While the Defendant was under the influence of alcohol level of 0.150% in blood during the pertinent day, the Defendant driven a 2 km car from the French-dong in Seo-gu, Gwangju to the viewing underground parking lot located in the Seo-gu, Seo-gu, Gwangju to the viewing line.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Photographs of shocked parts of each accident vehicle;

1. Statement of the circumstances of the driver involved in driving;

1. A copy of the insurance repair cost claim;

1. Application of CD-related Acts and subordinate statutes

1. Article 148, Article 54(1) (a) of the Road Traffic Act (a point of non-measures after destruction) concerning facts constituting an offense, and Article 148-2 (2) 2, and Article 44(1) (a) of the Road Traffic Act (a point of driving under influence of alcohol) of the relevant Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum of the punishments prescribed for each of the above crimes: Provided, That the maximum of the punishments prescribed for the crimes of violation of Road Traffic Act shall be set at the lowest of the punishment prescribed for the crimes of violation of Road Traffic Act);

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection and Observation, Etc., recognizes the defendant's mistake, and the defendant's person.

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