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(영문) 수원지방법원 2016.12.08 2016고단3753
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 7, 2008, the Defendant was sentenced to a fine of 2.5 million won for the crime of violating the Road Traffic Act at the Suwon District Court on March 7, 2008, and a fine of 2.5 million won for the same crime at the same court on June 22, 2011.

1. Around 19:00 on June 2, 2016, the Defendant: (a) driven a motor vehicle with the Centish alcohol concentration of about 1.4km from the front of the Jeju Northern Village Center to the front road of the same Golim-dong 214-2, Golim-dong, the Defendant driven a motor vehicle with the Centish alcohol concentration of about 0.206% under the influence of alcohol.

2. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a vehicle with the above highest influence.

The Defendant, while under the influence of alcohol as above, driven the said car and proceeded with the road in front of the wife population D from the north-ri side of the State, in a manner of driving on the said car at the same time.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to operate the motor vehicle thoroughly and safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the center line while driving the center line in a normal direction in the opposite direction, and received the left part of the FK5 vehicle in front of the Defendant’s driving vehicle.

Ultimately, the Defendant, by occupational negligence, destroyed the above K5 vehicle to be repaired in KRW 897,418, but failed to take necessary measures at the time of the occurrence of a traffic accident and escaped without taking necessary measures.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive the said car while under the influence of alcohol at around 19:15 on the same day, and proceed to the right bypass from the right side to the right side of the high-speed road, 214-2, the high-speed population of the Defendant.

Since there is a center line of yellow-ray, it is engaged in driving of the motor vehicle.

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