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(영문) 대전지방법원 공주지원 2017.07.14 2017고단151
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

The Defendant, while under the influence of alcohol content 0.211% in alcohol while driving a motor vehicle B B at around 17:30 on April 15, 2017 and driving the motor vehicle in the direction of Daejeon in accordance with D's front road in the official city C, and did not take necessary measures, such as checking the damage caused by immediately stopping the steering gear and operation of the steering gear in an inaccurate manner without properly examining the steering phase as above. On the contrary, the Defendant did not take necessary measures, such as checking the part on the left-hand side of the victim E's Fyst Tyst car driven driven in the opposite lane.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Fact-finding survey report, records of crackdown, notification of the results of crackdown on drinking driving, statement report on the situation of the driver under driving, and inquiry into the results of crackdown on drinking driving;

1. Application of written estimates and field photograph Acts and subordinate statutes;

1. Relevant Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 14 of the Road Traffic Act, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, the selection of imprisonment for a crime

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, for the reason of sentencing Article 62-2 of the Criminal Act, has the same criminal records and caused a traffic accident while driving alcohol, and choice of imprisonment is made.

However, it shall be taken into account that the defendant is led to confession, is in depth, and has reached a full agreement with the victim.

In this context, the defendant's age, sex, family environment, alcohol concentration in blood, frequency and frequency of drinking driving, circumstances after committing a crime, etc. shall be determined in consideration of various circumstances such as the defendant's age, sex, family environment, and blood alcohol concentration, frequency and frequency of drinking driving, circumstances after committing

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