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(영문) 수원지방법원 성남지원 2013.11.01 2013고단1974
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on September 10, 2007, and was sentenced to a fine of 3 million won for the same crime in the same court on September 7, 2010, and is engaged in driving of B car volume.

1. On March 15, 2013, at around 04:48, the Defendant was under the influence of alcohol concentration of 0.128% by means of the calculation of the Fdmark, and the Defendant was made to turn to the left from the direction of the U.S. elementary school in front of the U.S. Library located in the Gu-U.S., Seonam-gu, Seonam-gu.

Since the traffic control is conducted by the signal apparatus, there was a duty of care to turn to the left safely according to the given signals.

Nevertheless, it caused a traffic accident where the left-hand side of the driver's seat in front of the driver's seat of D private taxi driven by the victim C, who was directly engaged in the proceeding signal in the opposite direction due to the negligence of drinking alcohol and the left-hand turn in violation of the signal.

The above traffic accident caused the damage amounting to KRW 3,00,000,000 of the repair cost, such as the front-hander of the damaged vehicle, etc., and escaped without taking damage measures on the job.

2. On the date and time set forth in the above paragraph 1, the Defendant driven approximately 4 km to the underground parking lot of his dwelling area in Sungnam-si E in Sungnam-si via the accident site, with a blood alcohol concentration of about 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Investigation report (commark calculation);

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning criminal facts and Articles 148, 54 (1), 148-2 (1) 1, and 44 (1) of the Road Traffic Act that choose a penalty: Selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Orders to provide community service and attend lectures;

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