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(영문) 수원지방법원 안산지원 2019.07.25 2019고단1835
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:50 on April 19, 2019, the Defendant driven a Ckiex vehicle while under the influence of alcohol leveling 0.224% from the section of approximately 1km to the road located in the same Gu and located in the same Gu, from the roads adjacent to the digging bridge located in Ansan-si, Ansan-si.

2. The Defendant is a person who is engaged in driving the Costaex as specified in paragraph (1) of this Article.

The defendant driving the above van at the time and in the direction of D High School in the direction of D High School in the direction of the three-lanes of the 3-lane between the two-lanes in Ansan-si, Ansan-si.

At the time, it is night, and there is a place where a telegraph is installed in a sidewalk, so the driver of the motor vehicle has a duty of care to prevent traffic accidents by safely driving the motor vehicle by checking it well.

Nevertheless, while the Defendant neglected to perform his/her duty while driving on a sidewalk while being negligent, and damaged the utility pole that was installed on the front side of the Defendant’s knife at which the market price cannot be known, the Defendant did not take necessary measures as a driver of a traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the actual condition survey report, traffic accident occurrence report, inquiry report on the request for appraisal, and inquiry on the control of drinking driving;

1. Article 148-2 (2) 1, Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Articles 148 and 54 (1) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); the provision of the relevant Act on criminal facts; the choice of imprisonment (the point of taking measures after an accident; the choice of imprisonment);

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. The reason for sentencing under Article 62-2 of the Criminal Act is the time of driving under the influence of alcohol.

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