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(영문) 대구지방법원 김천지원 2014.04.16 2014고단41
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

On December 19, 2013, the Defendant driven the said car under the influence of alcohol level of 0.086% without obtaining a driver’s license on December 19, 2013, and led to the flow from the 7-lane to the yellow-speed side of the modern apartment, which is in the yellow-dong of Gu and America, along the export of Gumi-si.

At the time, there were night and many vehicles parked on the road, so there was a duty of care to safely drive the vehicle on the front side and the right and the right by the driver of the vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of alcohol without a license, and the part of the victim C's D's D' which was stopped on the right side at the time of the running of the Defendant was left to the right side of the said A's car.

After all, the Defendant, by the above occupational negligence, did not immediately stop the car owned by the victim to the extent that the market cost is damaged to the extent that the market price is not the repair cost, and did not take necessary measures when a traffic accident occurs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report, a actual survey report, and a report on the actual state of the driver concerned;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 (1) and Article 43 of the Road Traffic Act concerning the facts constituting an offense (a point of driving without obtaining a license);

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

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the defendant violates the Road Traffic Act (free license) from August 200 to August 2009, and violates the Road Traffic Act (free license).

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