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(영문) 수원지방법원 2015.12.10 2015고단4449

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

Reasons

Punishment of the crime

[criminal power] On May 25, 2007, the defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on May 25, 2007, and on March 12, 2008, the defendant was sentenced to a suspended sentence of 2 years for a violation of Article 44 (1) of the Road Traffic Act at the Suwon District Court on August 2, 2008.

【Criminal Facts】

The defendant is a person who is engaged in driving a Crane car.

On August 28, 2015, at around 23:50, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.086%, and the Defendant was under the influence of alcohol and was under the influence of driving the free-to-hand turn to the left from the airfield distance in the Sejong-gu, Suwon-si.

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, and to prevent accidents.

Nevertheless, the Defendant neglected to perform his duty at the time of Jeonju and caused an occupational negligence in violation of the signal, which led to the left part of the 27 tons truck to the right side of the truck under the new code, with the left part of the 27 tons truck left side of the franchise.

As a result, the Defendant destroyed the truck driven by E so that it can go up with the repair cost microscope, but failed to immediately stop and take necessary measures, and escaped.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. A traffic accident report;

1. Photographss related to traffic accidents;

1. A report on detection of a host driver;

1. A list of 112 declarations;

1. Previous records: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as the suspect);

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;