도로교통법위반(사고후미조치)등
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.
Punishment of the crime
The defendant is a person engaged in driving a HG car by borrowing B.
On March 27, 2014, at around 21:47, the Defendant driven the said car while under the influence of alcohol with 0.210% of alcohol concentration 0.210%, and left the front side road of the Gu-U.S. Soon.
From the side of sound apartment to the claim apartment, the apartment was proceeding directly.
The location was a narrow side where the central line is not maintained. In such a case, there was a duty of care to prevent accidents in advance by reducing speed and driving safely by checking well the right and the right of the driver of the vehicle.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent and proceeded in a manner consistent with the negligence of driving the victim CMF3 car that was proceeding in the same manner as it was, and the parts before and after the left-hand side of the HG car were extracted and received as the front part of the HG car.
Ultimately, even though the Defendant damaged the pertinent SM3 car owned by the victim by the aforementioned occupational negligence to repair the 2,458,158 won, the Defendant left the site as it is, and did not take necessary measures for preventing danger and smooth communication on the road.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. E statements;
1. Reports on the occurrence of a traffic accident, reports on the current status of a driver, on-site photographs, and on-site photographs;
1. Application of the written estimate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident, and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the case of concurrent crimes for a violation of the Road Traffic Act with heavier punishment, but the lower limit shall be that of the punishment determined for the violation of the Road Traffic Act];
1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.