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(영문) 수원지방법원 2017.03.22 2016고단7197
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person engaging in driving a rocketing car.

On October 22, 2016, the Defendant driven the said car under the influence of alcohol content of 0.238% in blood at around 09:50 on October 22, 2016, and driven the front road of the Songsan Health and Health Sub-section 6, a 25-gil, Seosan-si, Seosan-si, Seosan-si, Seosan-si, Seosan-si, a city under the influence of alcohol content of 0.238% in the influence of alcohol.

At that time, the E-Poter was parked in front of the defendant's moving direction, so there was a duty of care to prevent accidents by driving after checking the career safety by checking well the right and the right.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle while neglecting to do so, and the part behind the right side of the said cargo is left side of the vehicle driven by the Defendant.

Ultimately, even if the repair cost of KRW 2,037,088, such as the exchange of a spread due to the above occupational negligence, damages the above cargo to the extent, the Defendant did not immediately stop and take necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the F;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a report on the occurrence of a traffic accident, a photograph of the occurrence of an accident, a report on the detection of a driver with the main driver, a criminal investigation report, and a general repair cost estimate;

1. Relevant legal provisions and Articles 148, 54(1) (the occupation of any measure that is not taken after an accident), 148-2(2)1, and 44(1) (the occupation of driving under influence of alcohol) of the Road Act and the choice of imprisonment with prison labor, for criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant was driving after drinking alcohol content of 0.2% of the blood transfusion subject to the aggravated aggravated punishment under the Road Traffic Act to the extent that it exceeds 0.38%. The Defendant did not take any measures after causing the instant accident.

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