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(영문) 전주지방법원 2015.06.30 2015고단459
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 02:58 March 27, 2015, the Defendant was driving Cho-do under the influence of alcohol concentration 0.258% of alcohol level on the section of approximately 2 km from the front corner of the west-gu Syncheon-gu Syncheon-si to the front corner of the 130th of the same Jung-gu Jungdong-gu to the front corner of the 130th of the same Gu.

2. Around 02:45 on March 27, 2015, the Defendant violated the Road Traffic Act (i.e., an accident) and (ii) around 02:45, the Defendant: (a) operated a franchising car and changed the front street of the E in front of the vehicle in front of the vehicle in front of the vehicle in front of the front city of the front city from the front city to the front road in front of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city; (b) neglected the duty of the front and rear and right road of the franchising (i.e., occupational failure to perform the duty of the front and the right road of the franchising car in front of the Defendant’s vehicle in front of the left side of the vehicle in front of the Defendant’s vehicle in front of the repair cost

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. Reports on traffic accidents, photographs, and reports on the occurrence of traffic accidents;

1. Report on detection of a drinking driver (22 pages of investigation records), report on the circumstantial statement of a drinking driver, appearance, language, attitude and attitude of a drinking driver, copy of the ledger of use of a drinking measuring instrument, written consent to blood collection, reports on collection of blood, requests for appraisal, response to requests for appraisal, and report on detection of a drinking driver (investigative records No. 60 pages);

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 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 destroying and damaging property), and 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. The circumstances favorable to the defendant among the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows.

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