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(영문) 수원지방법원 안산지원 2019.07.19 2019고단1309

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for six 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

1. Around 22:50 on March 15, 2019, the Defendant driven B high-class cargo with a blood alcohol concentration of about 0.115% under the influence of alcohol level of about 80 meters at a distance of about 1567-2 from the front day of the head of the 1567-2 head of the Sinsan-si, the loan yellow water, to the front day of the lending tourist information center in 1531, without obtaining a driver’s license, at a distance of about 800 meters from the front day of the lending tourist information center.

2. On March 15, 2019, at around 22:50, the Defendant violated the Road Traffic Act (if the Defendant was under influence of 0.115% of the blood alcohol level without obtaining a driver’s license, as described in paragraph (1) of this Article, and driving the said cargo at a level of under influence of 0.115% of the alcohol level, and driving the front road of the lending Tourism Information Center located in 1531, an Ansan-si, a member of Ansan-si toward the North west-ri distance from the 3rd west-ri distance. However, the Defendant did not take necessary measures to secure safe and smooth traffic by taking the street trees and street, etc. owned by the member’s office, installed in India on the right side of the running direction due to negligence in operating the steering gear, and caused damage to the front portion of the said cargo and caused damage to the amount of KRW 5,303,000,000 of the repair cost, leaving the site without leaving it.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report, investigation report, notification of the results of the regulation of drinking driving, record keeping of the measurement of drinking driving, inquiry into the results of the control of drinking driving, and investigation report (calculated of blood alcohol concentration);

1. A traffic accident report;

1. Investigation reports (fields);

1. Written estimate of facilities (road lamps and roadside trees);

1. Registers of driver's licenses;

1. Field map of a traffic accident;

1. Application of Acts and subordinate statutes concerning field photographs of traffic accidents;

1. Article 148-2(2)2 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) regarding the relevant criminal facts and the choice of punishment.