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(영문) 춘천지방법원 속초지원 2015.02.11 2014고단491

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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a CM car.

On October 15, 2014, at around 01:40, the Defendant driven the mast car while under the influence of alcohol with 0.232% of alcohol concentration, and continued to turn to the left at the private distance of the Nohhh School Office from the edge of the drinking village.

In such cases, a driver has a duty of care to prevent accidents in advance by safely driving a driver who is engaged in driving service by taking into account the front, rear, and left and right.

Nevertheless, under the influence of alcohol, the Defendant was negligent in making a left-hand turn without neglecting it, and received the front wheels part of the victim's smart taxi owned by the victim's smart taxi (joint) located on the road in the vicinity of the Seocho Elementary Public Health Center, and the front part of the Defendant's driving's driving's driver's driver's driver's mat car.

Ultimately, the Defendant, by occupational negligence, destroyed the taxi equivalent to KRW 1,301,716 to repair cost, and did not immediately stop and check the degree of damage, and left the scene of the accident without taking necessary measures.

2. Around 01:40 on October 15, 2014, the Defendant driven the said C Mt Motor Vehicle while under the influence of alcohol content 0.232% in alcohol, from the front of a drinking village in Seocho-si, Seocho-si to the same Dong-dong parking lot at around 01:45 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and photographs of accident vehicles;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Application of the statutes governing vehicle estimates;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148, 54 (1), 148-2 (2) 1, and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment (in consideration of the fact that the same previous and multiple persons and that the blood alcohol concentration level is high);

1. Aggravation for concurrent crimes;