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(영문) 의정부지방법원 고양지원 2014.08.21 2014고단34

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 15, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on November 28, 2008 from the same court, respectively, in order to obtain a summary order of KRW 2 million as the same crime.

As such, the defendant has been punished for the violation of the Road Traffic Act at least twice.

The defendant is a person who is engaged in driving of a leisure car in C.

On December 30, 2013, the Defendant was under the influence of alcohol of 0.129% with blood alcohol concentration around 00:30 on December 30, 2013, and the Defendant was driving the said vehicle at a speed that is difficult to identify one lane in the front of the Samsung Service Center, which is located in 984-2, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

In such cases, a person who drives a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by keeping the front door and the left door well.

Nevertheless, by negligence while under the influence of alcohol, the Defendant did not take necessary measures in the event of the occurrence of a traffic accident, such as taking a central separation zone managed by the victim Gyeyang-gu Office established at the center of the road as part of the front part of the passenger vehicle, and destroying approximately KRW 655,270 at the repair cost, and checking the state of damage.

Summary of Evidence

1. Statement by the defendant in court;

2. A traffic accident inspection report, accident vehicle, and on-site photograph;

3. A written report from an employer;

4. Written estimate.

5. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant legal provisions concerning facts constituting a crime, Articles 148 and 54 (1) of the Road Traffic Act, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the same Act;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. Grounds for sentencing under Article 62-2 of the Criminal Act.