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(영문) 제주지방법원 2014.10.10 2014고단1144
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On June 21, 2014, at around 21:10, the Defendant violated the Road Traffic Act (measures after Accidents) (hereinafter referred to as the “Road Traffic Act”), while driving a B low-speed car with a blood alcohol concentration of 0.118%, and driving the B low-speed car at the 0.118% alcohol level on the side of the Jeju City 2 at the “mariina Hotel hotel”. However, even though the Defendant neglected the duty of care to prevent accidents by operating the steering steering system accurately and safely, the Defendant failed to take necessary measures to repair the said car without any damage to the 5th left side of the Defendant’s vehicle (34 years old) so that the Defendant’s driver’s vehicle (hereinafter referred to as the “victim”)’s vehicle and the part on the left side of the Defendant’s vehicle (hereinafter referred to as the “Defendant’s vehicle”), and failed to stop the said car without any delay.

2. On January 9, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Jeju District Court on February 11, 2008, and a fine of 2.5 million won for the same crime, etc. at the above court on February 11, 2008. On January 9, 2009, the Defendant was sentenced to a suspended sentence of 2 years for a period of 4 months for a violation of the Road Traffic Act (driving) by Jeju District Court on January 9, 2009.

The Defendant, while under the influence of alcohol content of 0.118% at the time and time set forth in paragraph (1), was driving the above low-speed car at a section of about 1 km from the New Roster, which is linked to Jeju to Jeju, to the lux apartment which is linked to Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. 주취운전자 적발보고서, 실황조사서⑴⑵, 견적서(D), 수사보고서(동종 전과 판결문 등 첨부 보고) 법령의 적용

1. Relevant legal provisions concerning facts constituting a crime: Articles 148 and 54 (1) of the Road Traffic Act (the point of action not to be taken after accidents), and the Road Traffic Act; and

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