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(영문) 창원지방법원 거창지원 2016.11.23 2016고단307
도로교통법위반(사고후미조치)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a CNS car.

On August 2, 2016, the Defendant was under the influence of alcohol from police officers while driving the said car on August 16, 2016 and driving it on a buriTol, which is on the human side of South Won-si.

Therefore, the Defendant was under drinking conditions at the time, so it is difficult for police officers to control the drinking driving, and entered the Daegu Highway into the Daegu Expressway road. In order to avoid the trend of police officers, the Defendant attempted to escape without taking necessary measures, even though the Defendant destroyed the said freezing vehicle that was driven ahead of the two lanes at the time due to occupational negligence by changing the vehicle from the two lanes to the one lane, the vehicle inside the Daegu Expressway Highway was in front of the steering line of the said vehicle, and thereby, destroyed the said freezing vehicle that was driven ahead of the said two lanes, and thereby, destroyed the 671,00 won of the repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made to D by the police;

1. A survey report on actual condition;

1. Application of the written estimate statutes;

1. At the time of the instant crime for the pertinent statutory provisions on criminal facts and the sentencing of Article 148 and Article 54(1) of the Road Traffic Act for the reasons of sentencing, the Defendant, who was under the direction of police officers F to stop a vehicle on the side, was under the influence of alcohol, and the Defendant was under the direction of police officers F to stop the vehicle on the side, but was under the influence of alcohol, but was not under the influence of alcohol. The Defendant appears to be under the influence of alcohol in light of the foregoing F’s statement, etc., and the Defendant continued to stop immediately even though he was under the influence of alcohol to avoid the trend of police officers who want to control drinking.

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