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(영문) 창원지방법원 2013.04.17 2012고단3876

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 16, 2008, the Defendant was issued a summary order of KRW 700,000,000 by the Changwon District Court for the violation of the Road Traffic Act, and on May 28, 2010, a fine of KRW 3 million was imposed by the Changwon District Court for the violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person engaging in driving a tXG car.

On November 2, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.091% of blood alcohol concentration around 20:00, and changed the lane into four-lanes while driving the front side of the Changwonama Hospital, which is located in the sale road of the window of Changwon-si in Changwon-si, from the name square to the original intersection, along the three-lanes from the name square to the original intersection.

In such cases, a person engaged in driving service has a duty of care to reduce speed in advance and to prevent accidents by properly examining the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to change the lane on a four-lane due to occupational negligence, caused the victim C's DNA driver who temporarily stops in order to get passengers to board or alight from the four-lane, and brought the white part in front of the left side of the private taxi, into the white part front of the Defendant's driving vehicle.

Although the Defendant, by such occupational negligence, destroyed the damaged vehicle in a amount equivalent to KRW 120,00,000, and escaped without necessary measures, such as immediately stopping and checking the damaged vehicle.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. The actual survey report (1, 2);

1. On-site and photographs of accident vehicles;

1. A report on detection of a host driver;

1. Requests for appraisal;

1. A receipt;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

1. Relevant Article of the Act on the Crime and Articles 148, 54 (1) of the Road Traffic Act (the point of taking measures after the accident and the choice of imprisonment), and 148-2 (1) of the Road Traffic Act, which select the penalty for the crime;