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(영문) 대구지방법원 상주지원 2015.01.06 2014고단597
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 23, 2014, the Defendant: (a) driven the said vehicle while under the influence of 0.157% of alcohol level around 22:40 on September 23, 2014; (b) was under the influence of at least 0.157% of alcohol level; and (c) was under the influence of at least 224% of the said vehicle and was at the center of a permanent police station located in the CY center, and was under the influence of alcohol level, the Defendant did not take measures to repair the said vehicle to repair the said vehicle to the extent that the center was negligent in drinking due to occupational negligence; (d) the victim C driver’s D et al., who stopped the said vehicle to the signal atmosphere while driving the said vehicle; (b) the victim’s vehicle was parked to the right side of the moving direction; (c) the victim’s 200 meters of the said vehicle was able to exchange the said vehicle with the said vehicle at the bottom of the CY center; and (d) 2848 28 Da 284444.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the respective laws and regulations of C, E, and G;

1. Relevant provisions of Articles 148, 54 (1) of the Road Traffic Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of driving under the influence of sound); and

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant has no record of criminal punishment for the last ten years, the fact that the motor vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and the victim C does not want the punishment of the defendant only for damage compensation.

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