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(영문) 춘천지방법원 강릉지원 2016.03.25 2016고단90
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 7, 2016, the Defendant was under the influence of alcohol content of 0.227% in blood, on January 7, 2016, the Defendant driven CK5 vehicle from around 5km to the front road of the Gangseo-si site in Gangwon-si, and driving CK5 vehicle from around 5km to the front road of the same city.

2. On January 7, 2016, at around 00:15, the Defendant was engaged in driving of CK5 cars, and around 1.15, the Defendant driven the said car under the influence of alcohol and driven the said car along the two-lane road in front E, which is located in Gangwon-si D, Gangwon-si, and driven along the one-lane distance from the room of Gangwon-gu Women's High School.

At the same time, since the GV car driven by the victim F was in progress at the two-lanes, there was a duty of care to not change the course in a way that is likely to obstruct the normal passage of other vehicles in the way of changing course to those engaged in driving service.

Nevertheless, the Defendant neglected this, without considering the running speed of the above four-lanes car running along the two-lanes, caused the above four-lanes car to be driven in close vicinity to the above four-lanes car by negligence in order to avoid the conflict with the Defendant’s vehicle, and caused the above four-lanes car to be driven in front of the right-hand part in order to avoid the collision with the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, escaped without stopping the vehicle to remove the risks on the road, even though the repair cost, such as the exchange of the vehicle at the fourth time, is destroyed to the extent of 595,296 won, and the Defendant immediately stopped.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. Written response to a request for appraisal;

1. Notification of the results of the crackdown on the driving of drinking, the situation report on the driving of drinking, and the driver of drinking; and

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