도로교통법위반(사고후미조치)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a driver of the Bunst passenger car.
On February 4, 2014, at around 22:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.330% with blood alcohol concentration of 0.330%, and led the Defendant to drive the said vehicle on the side of the U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-U.S
In such a case, a person engaged in driving service has a duty of care to safely operate the steering room and the right and the right and the right and the right, and to accurately operate the steering gear.
Nevertheless, the Defendant neglected to do so and proceeded without delay and received the back part of the driver's seat of the victim C Driving which was parked in the same place as the front part of the Defendant's vehicle.
The Defendant did not take necessary measures, such as taking into account whether or not damage was inflicted upon a traffic accident that caused the spread, etc. of damaged vehicles by occupational negligence in order to cover repair costs of KRW 2,768,456.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) and (2) (actual survey report);
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Application of the Acts and subordinate statutes on car inspection and maintenance specifications;
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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);
1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;