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(영문) 청주지방법원 2018.05.17 2017고단2004
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (after-accident) by the Defendant is a person who is engaged in the operation of Crocketing and other automobiles.

On August 29, 2017, the Defendant driven the said car with the alcohol level of 0.180% 0.180% in blood on the front of the Elmmmmmm chemical distance in the Cheongju-gu Science Industry 3-ro, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, and driven the said car along the two-lanes from the right edge to the right edge of the vehicle.

In such cases, a driver has a duty of care to safely drive the steering and brakes by accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and entered the same lane by negligence, and received the front part of the D Driving in the same direction as the front part of the D Driving of D Driving in the same direction as the front part of the D Driving of D Driving in the same direction as the rear wheels of D Driving of D Driving in the same direction.

Ultimately, the Defendant did not take necessary measures to damage the above low-priced car in terms of repair cost of KRW 2,161,250 due to the above occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) driven C rocketing car under the influence of alcohol with a alcohol content of 0.180% from a 4-km section from the French-gu Down-gu Down-dong (hereinafter referred to as the “Songdong-gu”) to the place referred to in paragraph 1 at the same time as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the Acts and subordinate statutes on CDs for damaged vehicles;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is the same as the punishment provided for in the Act on the Aggravated Punishment of Concurrent Crimes.

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