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(영문) 대구지방법원 김천지원 2012.11.30 2012고합259
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

In the Daegu District Court Kimcheon Branch on January 4, 2008, the Defendant received the summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and the summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on January 23, 2009, respectively.

On September 23:55, 2012, when the Defendant was under the influence of alcohol of 0.160% of blood alcohol concentration, and was driving a C Costa Kay Roy Roon in front of the Round Round in front of the Round, which is located in the seat of Kimcheon-si, along the two-lanes of the pool office, from the de facto Tri-distance flood bank to the seat of the branch office, the Defendant neglected to perform the duty of her front-time care while neglecting the duty of her front-time care at the center line under the influence of alcohol and received the part of the victim D(46 years old) driving in front of the left-hand part of the said Kaone Roy Ro when the Defendant was under the influence of alcohol.

Ultimately, even though the Defendant’s negligence in the above occupational negligence destroyed the repair cost of KRW 1,774,356 to the left-hand side of the car, the Defendant immediately stopped and escaped without taking any measure at the time of the occurrence of the traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report and a report on the detection of a driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident, and the choice 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 concurrent crimes with the punishment imposed for a violation of the Road Traffic Act of heavier punishment, but the lowest sentence shall be applicable to the punishment determined for a violation of the Road Traffic Act];

1. Article 53 of the Criminal Act for discretionary mitigation.

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