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(영문) 인천지방법원 2013.04.17 2013고단479

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CL car.

1. On December 13, 2012, the Defendant was driving the said car under the influence of alcohol 0.143% of the blood alcohol concentration at around 23:25 on December 13, 2012, and led to a bypassing the road of 225-270 front from the south-dong, Incheon, Southern-dong, to a speed that cannot be seen from the right edge of the apartment entrance.

The location is a point connected to the alley and the defendant, and the defendant wants to make a round to go to the alley at the time, so in such a case, the driver of the motor vehicle has a duty of care to safely by checking whether there is a vehicle directly going to the left and right, and then safely bypassing the accident.

Nevertheless, the Defendant neglected to do so and received, by negligence, the lower part of the F Village bus driven by E, owned by the victim D (state) who was straight from the right side of the Madung farm to the right side of the Madung farm, as the front part of the said car.

After all, the Defendant did not take necessary measures, even though he did not destroy the above village bus by occupational negligence as above, which is equivalent to KRW 910,000 of the repair cost.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant on December 13, 2012, as described in paragraph 1, at around 23:28, the Defendant driven the said car at a speed that would not be known to the 3-lane 1250-5, Nam-gu, Incheon, Nam-gu, Seoul, and that would drive the road at a speed that would not be visible to the sand village distance from the distance of the Tr

Since the place was an eight-lane road along the center line, the driver of the motor vehicle has a duty of care to prevent accidents in advance, by operating the steering wheel and brake system accurately, instead of breaking the center line, by living well before, after, after, after, and after the center line.

Nevertheless, it is not appropriate.