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(영문) 창원지방법원 통영지원 2021.01.20 2020고단1121

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

On May 18, 2015, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s territorial branch on May 18, 2015.

1. On July 30, 2020, the Defendant violated the Road Traffic Act (after-accidents), driving a BM7 car under the influence of alcohol level of 0.119% in the blood alcohol level around 23:40 on July 30, 202, and driving the D real estate front of the D real estate in C at a macro-city, leading to F apartment from the direction of the E high school.

At the time, since the vehicle was at night, there was a duty of care to operate safely by accurately manipulating the operation and steering gear while living well in the front.

Nevertheless, the Defendant neglected this and went away without immediately taking necessary measures, due to the shock of the props owned by the victim G, which was set up at the same time, and caused the victim to have the repair cost equivalent to KRW 1,393,789.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said car at a section of about 1 km while under influence of about 0.119% alcohol concentration in blood at the same time and place as paragraph 1.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, an investigation report on the actual condition of a traffic accident, a report on the results of regulating the driving of alcohol, a report on the circumstances of a driver who is placed under driving, an investigation report (report on the circumstances of a driver who is placed under driving under the influence of alcohol)

1. Photographss related to the traffic accident, CCTV images for crime prevention, and photographs to take a course;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Relevant legal provisions, Articles 148, 54(1) (in the absence of any measure after an accident) of the Road Traffic Act, Articles 148-2(1) and 44(1) of the Road Traffic Act concerning facts constituting an offense, the choice of imprisonment, and the choice of imprisonment;

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