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(영문) 의정부지방법원 고양지원 2015.06.19 2015고단615
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for six months as a crime of obstruction of the performance of official duties at the Goyang Branch of the District Court on August 29, 2014 and the said judgment became final and conclusive on May 16, 2015.

【Criminal Facts】

1. Violation of the Road Traffic Act (SM7)(SM7) is a person who drives a vehicle on duty.

At around 00:30 on January 16, 2015, the Defendant proceeded along a two-lane road in front of the Geumnam Elementary School 123 as the decline at the Papju City, along a one-lane from the direction of the Papju Police Station.

At the time, there are nights, and there is a central separation cost, so the driver of the vehicle has a duty of care to live well on the right and the right of the driver of the vehicle, and to safely drive the vehicle with the duty of care.

Nevertheless, while neglecting this, the Defendant, while driving a vehicle while under the influence of alcohol, destroyed the central separation zone set up on the left side of the running direction of the Defendant by the negligence of the Defendant, thereby damaging the said central separation zone set up on the part of the Defendant’s driver’s vehicle, thereby damaging the said central separation zone set up on the part of the Defendant’s driving vehicle, and without taking any measures as the driver of the accident.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol level of 0.151% from the parking lot of the so-called Paju athletic field located in the So-dong of the Government of the Republic of Korea at the time and time under the above paragraph (1) to the place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Medicine map and photograph;

1. Written estimate;

1. Previouss before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history records, and investigation reports (the facts pending in judgment);

1. Relevant law concerning criminal facts, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident, the choice of imprisonment), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the occupation of sound driving and the choice of imprisonment).

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