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(영문) 수원지방법원 2019.06.12 2019노1017
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the violation of the Road Traffic Act (hereinafter referred to as the "violation")], the Defendant committed a crime of violation of the Road Traffic Act (as to the violation of the Road Traffic Act) without recognizing the fact of causing a traffic accident involving a damaged vehicle due to the drunkenness of alcohol at the time of committing the crime, the Defendant only escaped by making it difficult to find out the fact of driving under the influence of alcohol without recognizing

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

2. Ex officio determination (A) is deemed ex officio.

The Road Traffic Act was amended by Act No. 14356 on December 2, 2016 as follows.

Article 54 (Measures in the event of Accident) (1) of the Road Traffic Act provides that "When any person is killed or injured or any goods are damaged due to traffic, such as driving of a vehicle, the driver and other crew members of the vehicle shall immediately stop the vehicle and take any of the following measures, the driver and other crew members of the vehicle shall immediately stop the vehicle, and take necessary measures, such as aiding and abetting the people, etc." under the previous provision, and the "provision of personal information to the victims"

Article 148 (Penal Provisions) of the Road Traffic Act newly established the overall title section by providing that "A person who fails to take measures at the time of a traffic accident under Article 54 (1) (excluding a person who fails to provide personal information to a victim under Article 54 (1) 2 (c), in cases where it is evident that only a motor vehicle stopped has been damaged by a motor vehicle) shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 15 million won."

Article 156 (Penal Provisions) of the Road Traffic Act provides, “A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding 200,000 won, by misdemeanoring detention, or by a minor fine,” and newly establishes “a person who fails to provide his/her personal information to the victim pursuant to Article 54 (1) 2 in cases where it is evident that only a motor vehicle stopped has been damaged by

Article 148 of the Road Traffic Act and Article 148 of the same Act.

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