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(영문) 광주지방법원 장흥지원 2016.04.21 2016고단28
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

The Defendant is a person engaging in driving a Party B’s car.

On December 31, 2015, the Defendant driven the said car under the influence of alcohol content of 0.145% in blood around 21:08, while driving the said car at a speed of 0.145%, and proceeded at a speed of 1-lane in front of the Dorin village located in the Dorin-gun of Southern Jinjin-gun, Namjin-gun.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving service to live well the right and the right and the right, and to safely drive the car line.

Nevertheless, the Defendant received the left-hand part of the victim C's EX Do-ri vehicle, which was driven by the Defendant's negligence at the center line of the drunk Sea, in front of the left-hand part of the Defendant's car.

After all, the Defendant driven a motor vehicle while under the influence of alcohol, and left the site without taking necessary measures even after destroying the above X-ray amounting to KRW 657,618.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, inquiry of the results of crackdown on the driving of drinking, survey report on actual condition, examination of the scene of the accident, and application of the statutes of estimates

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of non-measures after traffic accidents, the choice of imprisonment) of the Road Traffic Act, Articles 148-2(2)2 and 44(1) (the occupation of drinking and the choice of imprisonment) of the Road Traffic Act;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has a history of being punished several times for the same kind of crime, and circumstances that are favorable to the fact that the amount of alcohol concentration in blood is considerably high: The defendant led to the crime of this case.

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