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(영문) 대전지방법원 홍성지원 2013.11.08 2013고단784
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on August 13, 2007, a fine of 2.5 million won for the same crime in the same court on February 26, 2010, and a person who was sentenced to a suspended sentence of one year for six months for the same crime in the same court on May 27, 2010.

【Criminal Facts】

On July 2, 2013, the Defendant is a person engaged in driving the NAS car, and around July 22, 2013, the Defendant, while under the influence of alcohol at 0.153% of the blood alcohol concentration, was driving the road near the YPG filling surface in the inland intersection.

At night, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded with the back part of the victim C's D low-speed car that was parked on the right side of the defendant's running, which was driven by the defendant, due to the negligence of the defendant's driving.

Ultimately, even if the Defendant damages the above low-speed car to be in excess of KRW 2,177,536 of the repair cost due to the above occupational negligence, he immediately stopped and did not take necessary measures, and escaped without leaving the above negative car driving by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A copy of a written estimate;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

1. Relevant provisions of the Road Traffic Act concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures that are not taken after destruction and damage), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the occupation of sound driving) of the Road Act, and each imprisonment with prison labor;

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