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(영문) 청주지방법원 제천지원 2017.07.13 2017고단159

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of EXE car.

On May 1, 2017, the Defendant driven the said car at around 22:04, and driven the front road of Dacheon-si with alcohol concentration of 0.184% during blood alcohol level, and led the Defendant to the Young-dong railroad from the apartment side of the apartment complex, only 4, an apartment complex, while under the influence of alcohol leveling to 0.184%.

At the time, since it was at night, there was a duty of care to prevent accidents in advance by accurately manipulating the steering room and the right and the right and the right and the right of the driver of the motor vehicle, and accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant, while neglecting the influence of alcohol, received the roadside trees owned by the watcher on the right side of the road as the front part of the passenger car of the defendant.

Ultimately, the Defendant did not immediately stop the above street trees to the extent of KRW 1,187,00 with the above occupational negligence and did not take necessary measures, such as arranging the non-products scattered on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver at the main place and an investigation report (a report on the circumstances of the driver at the main place);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning the selective punishment, Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 148 and 54(1) (the point of non-measures after an accident) of the former Road Traffic Act; and each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (limited to the aggravated punishment due to a violation of traffic laws with heavier punishment, but the lowest sentence of punishment is based on the punishment that is provided for a violation of traffic laws (driving) (limited to the total of the long-term punishment of two crimes). The following circumstances and other reasons for sentencing: