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(영문) 창원지방법원 진주지원 2018.07.19 2018고단509
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of B rocketing taxi;

On January 30, 2018, the Defendant driven an above vehicle around 04:10, and proceeded with a new rice hulled road located in the main stream in Jin-nam-si, Jin-nam-si, with a view to air bombing off the ground at the ordinary university hospital.

Since there is a place where the center line and the center line of yellow solid lines are installed, a person engaged in driving service has a duty of care to observe the vehicle line and to safely proceed to the right side of the center and the center.

Nevertheless, the Defendant neglected this and was in front of the car driving seat of the victim C(60 years old) driving, which was going on the opposite opposite vehicle due to the negligence on the left side of the central line and the center, and was in front of the car driving seat of the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the repair cost equivalent to KRW 1,171,751, such as the fronter, etc. of the above cargo vehicle driven by the victim, and escaped without stopping the vehicle and taking necessary measures.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said taxi at a section of about 3 km to the front of a Ghana Cooperatives, which is located in the opposite Dong in Jin-si, Jin-si, Jin-si, under the influence of alcohol content of 0.128% among the blood transfusions at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a survey report on actual condition, and photographs related to accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of the written estimate statutes;

1. Articles 148, 54(1) and 148-2(2)2 and 44(1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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