beta
(영문) 울산지방법원 2017.01.20 2016고단4459

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 8, 2016, the Defendant was sentenced to the suspension of the execution of official duties by the Ulsan District Court for 8 months, and the judgment was finalized on December 17, 2016.

In addition, on May 15, 2009, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving), and on February 26, 2007, the same court issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) in the same court on February 26, 2007.

【Contents of the crime】 On December 9, 2016, the Defendant driven B car under the influence of alcohol level of 0.157% in blood around 00:30 on December 9, 2016, and proceeded front of Ulsan-gu C in the direction of the new village distance from the direction of the new apartment.

Since there are many vehicles parked on the side side of the house, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering left and left well and accurately operating the steering and steering system.

Nevertheless, the Defendant’s negligence of driving a vehicle by neglecting it under the influence of alcohol and the charge of driving the vehicle in front of the E-Motor vehicle owned by D parked therein is called “the rearer”, but the preceding one is the latter one (such as investigation records 8, 9, 62 pages, etc.). Since it is not related to issues and it does not interfere with the Defendant’s substantial right to defense, the Defendant is recognized differently without changes in the indictment.

The right part, etc. was received from the right side of the defendant's vehicle.

The Defendant, who had a history of violating the Road Traffic Act (drinking driving) two times or more, driven a motor vehicle under the influence of alcohol, and caused the foregoing accident, and went away from the site without taking any measures to damage the D's car repair cost to KRW 586,658.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Primary inquiry (No. 20), written estimate;

1. On-site photographs (No. 4 list of evidence), black stuffs images, fluences.