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(영문) 의정부지방법원 2017.05.30 2017고단78

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in the operation of Bunching vehicles.

On December 19, 2016, the Defendant driven the above vehicle at around 21:40 on December 19, 2016, and led to the flow of one lane C in South-do, Namyang-si, Namyang-si, to the mamb in the city of Maan-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and caused the Victim D D's 2 inner gate 2, which was parked on the right side of the Defendant's running direction, to shocked with the part of the Defendant's straw in front of the string vehicle, which led to the shocking of the front part of the vehicle in the 2nd in the 2nd in the 2nd in the earth.

As a result, even though the Defendant damaged the victim's tower by such occupational negligence, it did not immediately stop the vehicle and take necessary measures such as aiding the injured party, but escaped without any necessary measures.

2. The Defendant violated the Road Traffic Act (drinking driving) at the time and time set forth in paragraph 1, the Defendant driven the said rocketing car in the state of alcohol alcohol content of about 0.213% from a section of about 500 meters from a mutually influorous restaurant near the Southern-si, Namyang-si, Gyeonggi-do to the front day of the outdoor parking lot in the mam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Survey report on actual condition, report on the scene of accident, report on the circumstances of the driver in charge of driving, and notification of the results of crackdown on drinking driving;

1. Application of the written estimate statutes;

1. Articles 148, 54(1) (a) of the Road Traffic Act and Articles 148, 148-2(2)1, and 44(1) (a) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.