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(영문) 춘천지방법원 2018.01.18 2017고단1113

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 the operation of TG motor vehicles by borrowing C.

On September 11, 2017, the Defendant driven the said car with a alcohol level of 0.202% 0.202% while under the influence of around 00:52 on September 11, 2017, and proceeded with the two-lane line of the two-lanes in Chuncheon City D, E, the front direction of the two-lanes of the two-lanes away from the shooting distance room in Chuncheon City.

At the time, there was a duty of care to reduce the speed and to drive safely by checking well the right and the right of the front.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was at the right part of the victim F, Gland F, which was stopped at the right part of the passenger car driving by the Defendant, following the left part of the passenger car f, which was driven by the Defendant.

The Defendant: (a) caused damage to KRW 1,489,595 of the cost of repairing the victim by occupational negligence as above; and (b) immediately stopped the vehicle; and (c) escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The report of each traffic accident, the photograph related to the traffic accident, the statement report on the situation of the driver in charge, the report on the risk driving, the inquiry of the results of crackdown on the driving of drinking, and the application of the Acts and subordinate statutes governing the general repair cost estimate;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(2)1, 44(1) (the point of drinking) of the Road Traffic Act, Articles 148, 54(1) (the point of failing to take measures after an accident) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Crimes that cause an accident while driving for the reason of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, the order to attend lectures and the order to provide community service order, are highly likely to be subject to criticism in light of their social harm.

In addition, the blood alcohol concentration at the time of the instant case is 0.0