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(영문) 수원지방법원 2017.07.20 2017고단2744
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2017, around 19:05, the Defendant, while driving a C-hand car under the influence of alcohol level of 0.229% on the front of the building B in order to drive the said road from a e-line to a smart road, while driving the said road from a e-line, the Defendant: (a) received respectively the victim D-owned string and the victim E-owned string cars; and (b) did not take measures to prevent the damage of the said e-car to repair the said e-owned car; and (c) did not stop the said e-car to a repair cost of KRW 503,039,040; and (d) did not stop the said e-car to a repair cost of 724,040 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Written estimate;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing crime prevention CCTV images;

1. Relevant legal provisions concerning criminal facts, Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 148 and 44(2)1 and 44(1) of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 201); Articles 148-2(2)1 and 44(1) of the Road Traffic Act; and each choice of imprisonment with labor, respectively.

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the reason for reduction of amount) - The crime of escape without taking any measures against a traffic accident that damages three vehicles while driving under normal drinking disadvantageous to the defendant is serious.

the degree of the master practice;

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