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(영문) 광주지방법원 순천지원 2013.04.26 2013고단87
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

On June 16, 2009, the Defendant received a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act from the Gwangju District Court's net support on June 16, 2009, and issued a summary order of KRW 4 million for the same crime in the same court on January 21, 2013.

Criminal facts

On December 19, 2012, the Defendant, while driving a b active transport vehicle with a blood alcohol concentration of 0.106% around 20:10 on December 19, 2012, and driving a two-lane road in front of the Gando in front of the Gando Office located in the head of Si/Gu, Si/Gu in the direction of the mountain, along the one-lane in the direction of Si/Gu, in the direction of the Can-Eup. In short, the Defendant proceeds bypassing the two-lane road in the direction of Si/Guando.

In the course of occupational negligence of the central line, the part on the left-hand part of the driver's vehicle of Maju-ri-ried victim C, which is the part on the left-hand part of the driver's vehicle, is damaged to the extent that it is necessary to repair 493,416 won, such as the exchange of the front-hand part of the driver's vehicle, but did not take necessary measures at the time of traffic accident

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Written estimate;

1. Previous convictions: References to criminal records, copies of summary order, and the application of Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da15489, Apr. 2,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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