(영문) 수원지방법원 2018.05.15 2017고단8308

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(영문) 수원지방법원 2018.05.15 2017고단8308

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant received a summary order of a fine of KRW 2 million from the Sucheon Branch of the Incheon District Court on October 1, 2008, and a fine of KRW 3 million from the Suwon Branch on April 8, 2015 to the same crime, respectively.

[Criminal facts]

1. The Defendant is a person engaging in driving service of CK9 automobiles.

On November 25, 2017, the Defendant driven the above vehicle at around 20:30 on November 25, 2017 and driven the three-lane road in front of the wife population D.

At the time, there were nights and the low-cost roads, and thus, the driver engaged in driving of a motor vehicle had a duty of care to prevent accidents by reducing the speed and accurately operating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the duty of her on the front bank by negligence and neglecting the duty of her on the front bank, destroyed the curbstone so that the city is able to repair the unpaid repair expenses on the road, but the Defendant immediately stopped and escaped without taking necessary measures for preventing danger and smooth communication on the road.

2. The Defendant, as above, driven a vehicle under the influence of alcohol level of 0.121% without obtaining a driver’s license at the time and place specified in paragraph 1, while driving the vehicle under the influence of alcohol level of 0.121% without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on detection of a driver engaged in driving, the ledger of driver's licenses, and a tea investigation;

1. Photographss of the scene of the accident, a photograph of a photograph of the scene of the accident, or a photograph of bodily damage at the accident site;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning facts constituting an offense, and Articles 148-2(1)1 and 44(1) of the Road Traffic Act and Article 148 of the Road Traffic Act.

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