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(영문) 의정부지방법원 고양지원 2016.10.13 2016고단2181
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

The defendant is a person who is engaged in driving a car in a SP area.

On July 24, 2016, at around 09:30, the Defendant driven the said vehicle without a driver’s license, while under the influence of alcohol of 0.101% of blood alcohol concentration, and led to the two-lane road in front of the Haak High School located in the Sonsan-dong U.S. Sinyang-gu U.S. Sinyang-si, U.S. Sinyang-si, the Defendant driven the two-lane road at an unfluened speed from the National Cancer Myeon to the white intersection.

In this case, the defendant has a duty of care to prevent the occurrence of an accident by accurately operating the steering gear and by properly examining the left and right of the front.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the duty of a front-time watch, received the victim D's left side part of the said vehicle, which is owned by the victim D, in two-lanes on the right side of the said vehicle due to occupational negligence, and continued to be parked in front of the said high-speed vehicle, the victim F, who was parked in front of the said high-speed vehicle, received the front side part of the said high-speed vehicle, in front of the right side of the motor vehicle.

The Defendant, by these negligence, destroyed the left-hand string of the low-speed car owned by the victim D, and escaped without taking necessary measures, even though the Defendant damaged the low-speed car owned by the victim F to enter the 5,184,478 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related persons in DNA preparation;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148, 54 (1) of the Road Traffic Act that choose the punishment, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (a point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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