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(영문) 부산지방법원 2017.02.15 2016고단8022
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and KRW 2 million as a fine at the Changwon District Court on August 29, 201.

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

On November 27, 2016, the Defendant driven the said car under the influence of alcohol content of 0.185% during blood transfusion at around 20:50, and turn it to the right from the direction of the port of Gangseo-gu, Busan, the Defendant was driving the said car at the speed of 0.185%, and came to the right from the direction of the port of Gangseo-gu, Gangseo-gu, the Defendant was driving the D chartered bus at the right side of the road due to occupational negligence, which was parked on the right side of the road ( South, 56 years old) by failing to properly operate the steering system, and was driven by the victim C (the victim) who was parked at the right side of the said D chartered bus at the age of 56.

The Defendant, as seen above, destroyed the chartered bus with the repair cost of KRW 1,529,498, such as the front driver, etc. due to the foregoing traffic accident, but did not immediately stop the bus and run away without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A report on the circumstances of the driver's license in the main place and an investigation report;

1. Written estimate and each photograph;

1. Application of replys to inquiries, such as criminal history, investigation reports (formers and attachment thereto) and statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(1)1, 44(1) (the point of drinking) of the Road Traffic Act, Articles 148 and 54(1) (the point of failing to take measures after an accident) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act Article 62(1) of the Suspension of Execution (including the fact that a general insurance is subscribed, the fact that a criminal act is recognized and the fact that a mistake is divided in depth) of the Criminal Act;

1. Order to protect, observe, and attend lectures under Article 62-2 of the Criminal Act;

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