도로교통법위반(사고후미조치)등
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 of the final judgment.
Punishment of the crime
1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving service of a vehicle with C low-speed.
On November 3, 2014, around 16:15, the Defendant driven the said vehicle prior to the E-store located in the Full-Time Seoul Metropolitan Area D, while driving the said vehicle.
At that time, there was a duty of care to accurately manipulate the steering gear, brakes, etc. of the vehicle, to grasp the situation of the front and the right and the right and the right and the right and the right and the right and the right and right and the prevent the accident by driving the vehicle in front.
Nevertheless, the Defendant neglected such duty of care as above and did not perform his duty of care in front of the vehicle under the influence of alcohol, and caused the negligence of wrong operation of the steering gear and brake system of the vehicle, and led the victim’s GKa car driving part on the left-hand part of the vehicle operated by the Defendant, which was parked in the front section, to the front-hand part of the vehicle operated by the Defendant.
As above, the Defendant: (a) destroyed the damaged vehicle so that its repair costs can be avoided; and (b) stopped without taking necessary measures; and (c) escaped.
2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a C low-speed car under the influence of alcohol with a blood alcohol concentration of about 0.266% from the first 1 kilometer section to the front road of the E store located in the Ysan-gu, Busan-si, the front day of the instant paragraph (1) at the front day of the H apartment 205.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. The actual survey report and photographs related thereto;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;
1. Article 37 of the Criminal Code among concurrent crimes.