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(영문) 인천지방법원 2014.11.19 2014고단6618
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a freight tower C17 tons or more.

On August 17, 2014, the Defendant driving the above cargo while under the influence of alcohol of 0.187% with a blood alcohol concentration around 13:50% on August 17, 2014, and driving a two-lanes between the two-lanes of Cheongcheon-do, Incheon, with a shooting distance of 260 Gonsan-ro, a main part of the Bupyeong-gu, Incheon.

Signals stopped in the signal atmosphere.

There is a duty of care to take safety measures to prevent vehicles from being pushed down according to slope while stopping.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the above vehicle, thereby making the victim D drivers, who stopped subsequent to the booming, and received the front part of the victim D’s E bus driving, from the back of the Defendant vehicle.

Ultimately, the Defendant did not take necessary measures, such as immediately stopping, while destroying and damaging damaged vehicles to the extent of KRW 1310,000,000 for repair costs due to such occupational negligence.

2. A violation of the Road Traffic Act (driving) was under the influence of alcohol with a blood alcohol concentration of 0.187%, the Defendant driven the said vehicle at a level of about 5 km from the front road of the “Korean Hanjin-dong,” located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the front road of the Taecheon-dong, a corporation located in the same Gu Seocheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on detection of a host driver;

1. Sales slips, vehicles involved in accidents, field photographs, etc.;

1. Application of the written estimate for damaged vehicles;

1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. Of concurrent crimes, Article 54(1) of the Road Traffic Act provides that the determination of the assertion as to the violation of the Road Traffic Act by the counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be made.

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