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(영문) 부산지방법원 동부지원 2014.10.16 2014고단996

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

On April 24, 2009, the Defendant received a summary order of a fine of KRW 1.5 million from the Sungnam Branch of Suwon District Court, and a fine of KRW 3.5 million from the Busan District Court's Dong Branch on February 10, 2012.

Even though the Defendant violated Article 44(1) of the Road Traffic Act twice, the Defendant started driving a Bgroping car with blood alcohol concentration of 0.076% around the Nam-gu Busan National University on May 23, 2014 and continued driving the Bgroping 3rd line in the direction of the entrance of the flag belt from the 49 square, along with one lane in the direction of the entrance of the flag belt at the south-gu Busan National University.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes well.

Nevertheless, the Defendant, while driving the pertinent car while under the influence of alcohol, was negligent in excessively manipulating the steering gear to the right side of the road, and caused a traffic accident involving the passage of the road by putting one streetlight on the right side of the road, which is owned by the Busan Southern-gu Office, and one streetlight with no knowledge of the market price, and escaped without immediately stopping and taking necessary measures for smooth road traffic, and leaving the said car alone alone on the road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A traffic accident report, on-site photographs, etc.;

1. Inquiry reports, such as criminal records, investigation reports, and application of each summary order statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident, and the choice of imprisonment);

1. The Criminal Act among concurrent crimes.