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(영문) 청주지방법원 2018.02.14 2017고단2222

도로교통법위반(사고후미조치)등

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

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 7, 2016, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on December 7, 2016. On April 6, 2017, the Defendant issued a summary order of KRW 3 million for the same crime in the same court.

[Criminal facts] The Defendant is a person engaging in driving a rocketing car.

On September 18, 2017, the Defendant driven the said car without the driver’s license, while under the influence of alcohol content of 00:50% in blood, and without obtaining the driver’s license. On September 18, 2017, the Defendant moved the intersection in front of the only 39-lane at the end of Jincheon-gun, Jincheon-gun toward the national highway No. 17 from the IC to the national highways.

At the time, there was a 20cc height of 20cc high on the road side along the intersection where signal apparatus such as a night and a yellow point has been installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to look well at the right and the right and the right and the right and the right and the right and the right and the right and the interest of the motor vehicle and to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting to do so, went away without taking any measures to cause danger and obstacle to traffic by having the said car stop at the middle of the said intersection due to the impact of the driver’s seat of the said car driven by the Defendant with the front wheels of the driver’s seat of the said car.

Summary of Evidence

The defendant's legal statement (the second trial date) investigation report on the actual traffic accident, the report on the occurrence of traffic accident, the statement report on the circumstances of the driver involved in the traffic accident, and previous records on the driver's license register notified of the results of the crackdown on the driving of the motor vehicle: the application of a reply to inquiry, such as criminal history, and

1. Articles 148-2(1)1, 44(1) (the point of drinking), 148, 54(1) (the point of non-measures after an accident) and 152 subparag. 1, 152 of the Road Traffic Act concerning criminal facts.