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(영문) 창원지방법원 2016.12.23 2016고단3433
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

The defendant is a person who is engaged in driving a low-speed car B.

1. On September 27, 2016, the Defendant was driving the said vehicle under the influence of alcohol concentration of 0.132% on blood alcohol level around 23:45 on September 27, 2016, and led the Defendant to proceed with the two-lanes of the three-lane national highways in front of the Jeju Coastal Sea Office C in Changwon-si, Changwon-si, along an alley-dong erosculing area.

At night, even though there was a duty of care to accurately operate the steering and steering gear, the Defendant was under the influence of alcohol, and the Defendant was in the back part of the F Bus owned by Tae-young bus, which was proceeding in the front bank due to negligence while neglecting it.

Ultimately, the Defendant did not take necessary measures, such as immediately stopping and confirming damage, even though the repair cost equivalent to KRW 13,109,272, such as replacement of the victim by occupational negligence as above, destroyed the above vehicle owned by the victim to the extent that the repair cost is sufficient.

2. The Defendant violated the Road Traffic Act (driving) driving the vehicle under the influence of alcohol concentration of approximately 0.132% at the section of about 15km from the 15k section to the front road of the Djun Station located in the same Gu C, Gowon-si, Jin-gu, Jinwon-si, Gowon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) on actual condition, on-site inspection, etc.;

1. Written estimate;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and reports on the status of a drinking driver;

1. When applicable legal measures are taken after accidents occur in relation to the crime: Articles 148 and 54 (1) of the Road Traffic Act to drive under the influence of alcohol: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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