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(영문) 의정부지방법원 고양지원 2020.06.25 2020고단911
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 01:00 on February 15, 2020, the Defendant driven a car under the influence of alcohol with a blood alcohol concentration of about 0.110% at the section of about 41km from the road located in the Hanyang-gu Seoul Metropolitan Government to the Port of the Republic of Korea (hereinafter referred to as the "Songdong-gu") and around 01:44 on the same day.

2. The Defendant is a person engaging in driving a vehicle as stated in paragraph 1 above.

On February 15, 2020, around 01:38, the Defendant proceeded along the two-lanes of the freedom of passage at the port in the Goyang-si, Yongsan-si, Goyang-si, according to the two-lanes of the five-lanes, and came to proceed to the ICIC by changing the course into five-lane.

At the time of night, in such a case, the driver had a duty of care to prevent accidents by properly operating the steering gear and the steering gear to live well on the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected the above duty of care and did not properly operate the steering direction and brakes under the influence of alcohol as described in the above Paragraph 1, and received the guard day and street etc. from the Defendant’s front part of the said car.

After all, the Defendant, by the above occupational negligence, escaped without immediately stopping and taking necessary measures even after destroying and damaging the repair expense of KRW 2,928,000.

Summary of Evidence

1. The defendant's legal statement, traffic accident report, actual condition report, circumstantial statement report, investigation report, site photograph of the accident, and payment resolution, of the defendant;

1. Application of C’s written laws and regulations

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor;

1. The Criminal Act among concurrent crimes.

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