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(영문) 대구지방법원 김천지원 2015.01.22 2014고단1324
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 24, 2014, at around 18:35, the Defendant: (a) driven a eccoo vehicle at the entrance of an Accoke drive at the seat of an Accoke at Kimcheon-si, without obtaining a driver’s license; (b) driven a ecoo vehicle at the seat of 0.140% of blood alcohol content; and (c) driven from Kimcheon Fire Station on the surface of the Kimcheon Fire Station at the seat of the Kimcheon Fire Station, the Defendant stopped on one-lane to turn back to the left from the Accop loan from the above three-distance from the above three-distance-distance drive of the victim (n, 32 years of age) to the right-hand edge of the Accop motor vehicle; and (d) did not immediately stop the said scoo vehicle at the top of the left-hand edge and the left-hand pan part; and (e) did not take necessary measures by destroying and damaging it.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The occurrence report of a traffic accident, the report on the actual state of a driver, the photograph of a vehicle, the report on a traffic accident, the site and photograph of a vehicle, and the register of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (not taking measures after an accident);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment specified for the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act, and the punishment specified for the preceding crimes of heavy punishment);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment within the scope of the sum of the long-term punishments of crimes of violation of the Road Traffic Act of heavy punishment, but the lowest sentence shall be based on the punishment determined for violation of the Road Traffic Act);

1. Although the suspended sentence is to be imposed in consideration of the nature of the crime and criminal power of Article 62(1) of the Criminal Code, the interval between the point of final punishment and the point of final punishment.

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