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(영문) 춘천지방법원 원주지원 2018.07.25 2018고단382

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not more than ten 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

1. The defendant is a person who is engaged in driving a B Poter freight vehicle in violation of the Road Traffic Act (not after an accident).

On December 10, 2017, the Defendant, while driving the above cargo while under the influence of alcohol 0.151% during blood transfusion on December 12:49, 2017, driven the above cargo with a flow-on distance of 0.151% at the original city at the original city at the back of the entertainment room to the four-lane away from the string distance, and started again after a stop to pass ahead of the four-lane.

At the same time, the passenger car driven by the victim C(51) was stopped after the cargo vehicle at the time. In such a case, there was a duty of care to prevent the accident by accurately manipulating the speed system and brake system for the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in front of the said low-speed vehicle with the rear part of the said cargo vehicle by negligence that did not accurately operate the speed system and brakes.

Ultimately, the Defendant, by occupational negligence, destroyed a vehicle with the highest price of KRW 530,00 in repair cost, and escaped without immediately stopping the vehicle and taking necessary measures.

2. The Defendant, in violation of the Road Traffic Act, driven the freight vehicles as stated in paragraph (1) while under the influence of alcohol with 0.151% alcohol concentration in blood at the time, place, and place stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report (1) (2) of a traffic accident, notification of the results of crackdown on drinking driving, and report on internal investigation;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148, Article 54 (1), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting 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. Article 62(1) of the Criminal Act of the suspended execution (it is possible for the accused to have a criminal record for the same kind of crime, and the crime of this case is committed.