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(영문) 의정부지방법원 고양지원 2016.03.29 2016고단297

도로교통법위반(사고후미조치)등

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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

On December 30, 2008, the Defendant was sentenced to a fine of KRW 700,00 to a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at a high-level district court on March 30, 2008, and a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the same court on September 29, 201.

1. The Defendant is a person engaging in driving of C Lastren vehicles (after accidents) in violation of the Road Traffic Act;

On January 14, 2016, the Defendant driven the above vehicle with a alcohol content of 0.132% 0.132% of alcohol during blood transfusions, and led the Defendant to drive it at the time of sowing and the front of the road of 1413 dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Since the place is where a vehicle stops in accordance with the new subparagraph, the driver had a duty of care to properly see the front door and the left and right of the driver, and to prevent the accident by properly manipulating the steering direction and the brake system.

Nevertheless, the Defendant, by the negligence of neglecting it by drinking and neglecting it, went to the right side of the victim D(Woo, 34 years old) who was waiting in the signal at five-lane direction, was shocked by the front side of the said vehicle.

Ultimately, the Defendant destroyed the damaged vehicle by occupational negligence as above and escaped without immediately stopping the vehicle and without taking necessary measures, even though it damages it to have an amount equivalent to KRW 1,955,200.

2. On January 14, 2016, the Defendant driven a C Lastren vehicle with a alcohol content of about 0.132% of alcohol content in the section of about 5km from the front of the shopping district in the Dong-dong, Do-dong, the 1413-dong, to the front of the shooting distance in the Park in the 1413-dong.

Summary of Evidence

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(1)1, 44(1) (the point of drinking) of the Road Traffic Act, Articles 148 and 54(1) (the point of failing to take measures after an accident) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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