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(영문) 대구지방법원 김천지원 2013.08.21 2013고단629
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2013, when the Defendant was under the influence of 0.107% of blood alcohol concentration, the Defendant driven a B-Scar car and was under the influence of 0.107% of alcohol level, and was under the influence of a claim apartment room on the front side of the Paris Bat-dong in the Gu-U.S., the Defendant was under the influence of the Defendant on May 18, 2013.

Ultimately, the Defendant, by occupational negligence, destroyed the said rocketing car to cover KRW 1,408,594 of the repair cost, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident-related statement of E;

1. Each traffic accident occurrence report, each driving driver's license report, and each traffic accident report;

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 punishment, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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 Act on the Suspension of Execution does not take any special measures to prevent traffic accidents while driving under the influence of alcohol and leaving the site without taking any measures to prevent the occurrence of drinking driving under the influence of alcohol. However, in light of the fact that the victim agrees with the victim and the victim does not want the punishment of the defendant, there is no criminal history, and there is no comprehensive motor vehicle insurance policy, etc., the punishment shall be determined as per the order.

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