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(영문) 창원지방법원 2013.07.10 2013고단936

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Brenren car.

On December 28, 2012, at around 23:10, the Defendant driven the said car with a alcohol content of 0.126% 0,000, and proceeded with two-lane roads in front of the frightin in the Jin-gu, Jin-si, Jin-si, Kim Young-si, with a one-lane of the middle Heak Heung-gu apartment complex in the middle Heung-gu, Jin-si, Jin-si. In accordance with the speed of 30km, the Defendant driven the said car at a speed of 0km.

At the time, it was night and snow low road, so in such cases, the driver of the vehicle has a duty of care to reduce the speed, to properly look at the front left, to accurately manipulate the steering and brake system, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s driver’s license to the right side of the passenger car owned by the victim C, which was parked on the right side of the course of marina course by negligence, and the part of the Defendant’s driver’s license to the right side of the car.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the above low-speed car in order to fill in KRW 2,200,381, such as the exchange of pan-sculers, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Written estimate;

1. Application of Acts and subordinate statutes to each investigation report (referring to the delay of hours of the drinking alcohol measurement and the franking mark due to the delay of the measurement);

1. Relevant provisions of the Act on Criminal facts and Articles 148, 54 (1) of the Road Traffic Act, Articles 148, 54 (2) 2, 148-2 (2) and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act [the former part of Article 38, Article 38(1)2 and Article 50 of the Criminal Act shall apply mutatis mutandis to any violation of the Road Traffic Act, which