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(영문) 춘천지방법원 강릉지원 2018.06.21 2018고단335

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2018, the Defendant, while under the influence of alcohol at around 00:0, the Defendant driven a 3km car from the road near the building in the Dong-dong, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, to the road near LH apartment located in the Dong-dong, Dong-si, Dong-si, Dong-si, Dong-si, Dong-si, to the road near the Dong-si, Dong-si.

2. Violation of the Road Traffic Act (re-accidents after Accidents) the Defendant, who is engaged in driving a motor vehicle with low speed in B, was a person who is in the duty of driving the motor vehicle at the time specified in the above 1. paragraph, the two lanes in front of the North Korean middle school in the Yongsan-dong in the East Sea at the time of the day specified in the above 1. paragraph, was straighted in one way in the direction of transmission from the funeral room in the East Sea.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle along the vehicle line by accurately operating the steering gear and the steering gear in a normal state.

Nevertheless, the defendant was negligent in neglecting the steering gear while under the influence of alcohol and did not take necessary measures when a traffic accident, such as immediately stopping, etc., even though the defendant was destroyed by being 3,450,000 won away from the center installed in the center of the above road with the front wheels of the above vehicle's left side, and damaged the above center by being 3,450,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of the written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)2 and 44(1) 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. The following circumstances are the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures.