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(영문) 수원지방법원 2015.03.26 2014고단7195

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

Reasons

Punishment of the crime

1. After an accident, the Defendant is a driver of a passenger car in B SP land.

On December 17, 2014, the Defendant driven the above car on December 22:43, 2014, left the front of the D road located in C at the time of chemicalization to the Southern Police Station at the south of the police box, and left left to the left.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly cope with the traffic situation of the frontline and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and was parked on the right side of the road due to the negligence of driving a car driving without due care, and received the back part of the driver's seat of the car owned by the victim E, the lower part of the driver's seat of the car.

The Defendant, by these occupational negligence, destroyed a car with a car in the car amounting to KRW 742,729,00, and immediately stopped and escaped without taking necessary measures to remove the danger and impediment to traffic.

2. The Defendant, without a temporary driver’s license as referred to in paragraph 1, driven a vehicle with a maximum of 4 kilometers above the 0.149m alcohol level on the road located in the southyang-Eup, Namyang-si, Namyang-si, Namyang-si, in the condition of under influence of alcohol by 0.149%, on the roads located in the same Eup/Myeon 92-4.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A performance-based report and a performance-based survey report;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Crimes of violation of Articles 40 and 50 of the Criminal Act (Crime of Violation of the Road Traffic Act) and the violation of the Road Traffic Act (Crime of Non-licensed Operation).