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(영문) 수원지방법원 2015.04.09 2014고단6979

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a halog car.

On November 03, 2014, at around 23:35, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.135% without a driver’s license on November 23, 2014, drive the said vehicle and proceed with a five-lane water industrial road of the five-lane letter near the old Telecommunication distance in the activities of the Kuwon-gu, Suwon-si, the Defendant is driving at an indefinite speed in the direction of separation from the long distance.

The lanes have changed to two lanes.

At the time, since the vehicle is at night and there is an industrial road, there was a duty of care to change the vehicle line by operating direction direction, etc. to give notice of the change of course and give notice of the change of the vehicle line to the person engaged in driving.

Nevertheless, while the Defendant neglected to drive a two-lane while changing the lane into a two-lane due to negligence, and around that time, the Defendant did not take necessary measures, such as immediately stopping the car to cause the repair cost equivalent to KRW 1,432,595, while taking the front side of the left side of the DFD car driven by C and going into two-lanes, and damaging the right side of the halog car.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographs of contact logs of related vehicles;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each penalty of imprisonment;