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(영문) 전주지방법원 2015.06.02 2015고단313

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:20 on 08.08.08, the Defendant violated the Road Traffic Act (e.g., accident-free measures) and driven a Bpp-free car with a blood alcohol concentration of 0.181% on the two sides of the two-way road in front of the Han Bp-gu, Yansan-gu, Seoul-do. In such a case, a person engaged in driving service has a duty of care to accurately operate the steering wheel, brakes, and other devices of the vehicle, and to prevent accidents by safely driving the bp-hand and road traffic conditions.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Defendant with 13 damaged vehicles, such as the victim C-owned vehicles, which were parked in approximately 500 meters away from the 500-meter road on the opposite side and right side of the marina course due to negligence while neglecting this.

The Defendant, by such occupational negligence, destroyed 13 damaged vehicles in total amounting to KRW 17,028,474 in repair costs, and escaped without immediately stopping and taking necessary measures.

2. Around 00:20 on 08.08.08, the Defendant driven a B-D car in the section of about 1km from the 1km-gu Seoul Metropolitan City to the Han-do road located in the Yansan-gu, Seoul Metropolitan City, by the Do, where the trade name in the Yansan-gu, Seoul Metropolitan City cannot be known, while under the influence of alcohol at 0.181% of the alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, and photographs;

1. A copy of the ledger of use of a drinking-free measuring instrument, a report on detection of a drinking driver, and a circumstantial statement of a drinking driver;

1. Application of the Acts and subordinate statutes to a copy of a detailed inquiry and estimate (13 vehicles for damage, such as DNA straws);

1. Relevant Articles of the Act on the Crime and Articles 148 and 54 (1) of the Road Traffic Act (the occupation of the measure that was not taken after destruction and damage) and the selection of punishment for the crime; and