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(영문) 창원지방법원 진주지원 2019.11.27 2019고단1338

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not less than one year and six 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. Around 00:40 on July 30, 2019, the Defendant violated the Road Traffic Act (i.e., after-accident) (i., the U.S.) and (ii) drive a B-crui car, and (iii) took the front of the D University’s emotional located in C at Jinju-si, using the J.S. as the J. S. J.

Since there is a four-way road from which the central separation zone is installed, there was a duty of care to safely operate the tea by accurately manipulating the steering system and accurately.

Nevertheless, the Defendant neglected to stop while under the influence of alcohol and did not immediately stop and take necessary measures, even though he received the central separation zone as front part of the said car, which is managed by the injured Jinju, as it was by negligence, while driving the said car, and damages the said guard day to the 1,004,629 won.

2. Violation of the Road Traffic Act (F) the Defendant driven a B cruise car under the influence of alcohol with approximately KRW 0.219% alcohol concentration at the distance of about 2 km from the Do in the direction of “F” in the city of Jinju at the time of Jinju, to the HG parking lot located in Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A report on a traffic accident, a survey report, a photograph, and a quotation (Evidence No. 16);

1. Notification of the control results of drinking driving, report on the circumstance of a drinking driver, and application of Acts and subordinate statutes to the investigation report (report on the circumstance of a drinking driver);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

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

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Consideration, confession, comprehensive insurance, the environment of the defendant, etc.);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;