(영문) 수원지방법원 안양지원 2013.10.31 2013고단1041

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(영문) 수원지방법원 안양지원 2013.10.31 2013고단1041

도로교통법위반(사고후미조치)등

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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

1. Around 22:10 on June 14, 2013, the Defendant driving a BpD car, and driving the road near the shooting distance at the entrance of the main entrance of the Dopdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-do-do-do-Si

However, at the time, the victim C was stopped at night and at the front time, and in such a case, there was a duty of care to reduce speed and drive safely by making the front door and left door well.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in proceeding on the front side of the Defendant’s driver’s car, and the part on the left side of the Bosch Rexroth that was stopped on the front side of the Defendant’s driver’s car.

Ultimately, the Defendant did not immediately stop and take necessary measures while destroying the amount equivalent to KRW 2,797,380, such as the exchange of a passenger car owned by the victim due to such occupational negligence.

2. On June 14, 2013, the Defendant: (a) driven the said vehicle at a section of about 3 km from the king-si, Gyeongcheon-dong to the road front front of the Gangcheon-dong, Goyang-si, Goyang-si, under the influence of alcohol content of 0.145%; (b) around 22:35, the Defendant was driving the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

1. Report on the circumstances of a driving under the influence of alcohol and the results of the crackdown on drinking driving;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act:

참조조문

-도로교통법 제148조의2 제2항 제2호

유사 판례

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