(영문) 창원지방법원 통영지원 2017.11.30 2017고단1244

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(영문) 창원지방법원 통영지원 2017.11.30 2017고단1244

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On September 5, 2013, the Defendant received a summary order of KRW 3 million for a crime of violating road traffic law (driving alcohol), and a summary order of KRW 3 million for a crime of violating road traffic law (driving alcohol) from the Changwon District Court’s branch on September 2, 2015, respectively.

[Criminal facts]

1. Violation of the Road Traffic Act (after-accident) by the Defendant is a person engaged in driving a B rocketing car.

On May 15, 2017, the Defendant, at around 23:45, was driving to the NAF on the side of the park, after having died of the D cafeteria in front of the D cafeteria in Yong-si.

At the time, there are nights, and there are vehicles parked around the road, so that the driver of the vehicle has a duty of care to drive the vehicle in a safe manner by accurately operating the operation and steering gear in the manner of the operation of the vehicle.

Nevertheless, while under the influence of alcohol content 0.232% in blood, the Defendant was negligent and parked on the right side of the running direction of FK7 car owned by the victim E (Y, 42 years old) who was parked on the right side of the driving seat of the FK7 car owned by the Defendant, and did not take necessary measures, such as immediately stopping the vehicle of the victim to the extent that the repair cost of KRW 3,528,721 is damaged and the repair cost is damaged.

2. On May 15, 2017, the Defendant, at around 23:45, driven a B rocketing car under the influence of alcohol content of 0.232% from the road front of the Docccck through the Docccck, which was located in the luminous Schill at the time of passing through, and in the front of the D cafeteria located in C.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, and a photograph of the accident scene;

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