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(영문) 대구지방법원 김천지원 2017.08.31 2016고단1887
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On November 14, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on November 23:55, 2016, went back to the front side of the police box in front of the Gumi City while under the influence of alcohol with 0.132% of alcohol concentration in the blood.

Although at night and there were many vehicles parked on the road as a house, the Defendant was negligent in driving at the same time with drinking and without a license as above, the Defendant got the front side of the victim EF-low vehicle parked in that place as the front side of the victim EF-low driver vehicle, and continued to receive the victim G H A-ray back to the front side of the passenger vehicle.

Ultimately, the Defendant did not immediately stop and take necessary measures despite the occurrence of traffic risks and obstacles, such as damage to repair cost 2,49,352 won, and Alfa-gu car to repair cost 3,245,251 won, and scattering the car on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site and vehicles photographs, traffic accident actual condition survey reports, and on-site photographs;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses (Cancellation of license) and details of revocation of driver's licenses (A);

1. Application of the written estimate (H) and written estimate (F)-related Acts and subordinate statutes;

1. Article 148, Article 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Article 148-2 subparag. 2, Article 44(1) of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 201); Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are majority of the previous crimes of suspended execution and fine due to the same kind of crime for the reason of sentencing, and in particular, the same shall apply.

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