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(영문) 의정부지방법원 2018.06.05 2018고단671
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 rocketing car.

At around 17:00 on December 31, 2017, the Defendant, while under the influence of alcohol content of 0.119%, was driving the said rocketing car in front of the Han apartment apartment located in the Northern-dong in Yangju-si, Yangju-si, and was driving the said rocketing car into a single apartment room on the part of the National Agricultural Cooperative Federation.

In this case, a driver of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right of the driver of the motor vehicle, and to accurately manipulate the steering gear and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant received street trees planted on the right side of the road due to negligence while neglecting it.

Ultimately, even if the Defendant destroyed or damaged the street trees in the amount due to such occupational negligence, the Defendant did not immediately stop and take necessary measures, such as dealing with the accident, and escaped.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, on-site photographs, and drinking driving control results in inquiry [the defendant asserts that it is not guilty of an accident since there was no reason to obstruct road traffic due to the accident in the instant case. However, according to the on-site photographs of the accident site, the defendant's vehicle was destroyed by the accident in the instant case and was scattered on the road, so there is a risk of interference with traffic.

In particular, since the accident location of this case is one-lane, there is a possibility that the vehicle will be operated in close vicinity to the central line in order to avoid the wave scattered on a road, so the danger of traffic interference shall be increased.

Therefore, the Defendant left the site without preventing and removing any traffic danger and obstacle caused by the instant accident.

As such, the application of the Road Traffic Act to statutes is established.

1. Criminal facts;

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