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(영문) 광주지방법원 2019.02.19 2018고단5204
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2018, while under the influence of alcohol level of 0.105% on blood alcohol level, the Defendant driven a 4 km-free car from the Do in front of the C cafeteria located in the Gwangju Mine-gu, Gwangju Mine-gu, and proceed from the 7th west-gu, Hanam-gu to the mining ICT bank of the mining area, depending on the F station located in the Gwangju Mine-gu E, according to the F station located in the F station located in the Gwangju Mine-gu. However, the Defendant neglected the duty of care to safely drive the street trees and street lamps of the Mine-gu, Gwangju Metropolitan City, which was on the right side of the said road due to negligence while neglecting the duty of care to safely operate the steering system and operation of the steering system and operating the steering system. The Defendant did not take necessary measures to the extent that the repair cost of 7.8 million won cost of the victim G's communication line to the extent that the 3.1 million cost cost of repair cost of each of the victim G's telecommunication lines is damaged.

Summary of Evidence

1. Defendant's legal statement;

1. On-site evidence and photographs;

1. The user ledger of the measuring instruments for drinking;

1. A copy of a written estimate or a copy of the cost of construction works;

1. Application of each CD-related statute

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and Articles 148 and 54 (1) of the Road Traffic Act (the point of a measure not to be taken after being damaged); and

1. Crimes provided for in Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually among the crimes provided for in Articles 40 and 50 of the same Act);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the maximum of the punishments as provided for in each of the above crimes, and the minimum of the punishments as provided for in the Road Traffic Act shall be applicable] among concurrent crimes;

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

1. Taking into account all the circumstances, such as the accused's criminal records, blood alcohol density level, and the degree of damage caused by the accident in this case, etc., for the reason of sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act;

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