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(영문) 제주지방법원 2020.12.02 2020고단2267
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Road Traffic Act (Non-accidentd measures) (the Defendant is a person engaged in driving of the vehicle B-to-purd motor vehicle.

On August 8, 2020, around 02:15, the Defendant was straighted from the side of the Jeju City Public Health Center in the direction of the “Malia hotel distance” depending on the three-lane road in the Jeju City.

Since the place is installed as a cost of separation, in such a case, a person engaged in driving service has a duty of care to properly see the right and the right of the front and the right of the front and to accurately manipulate the steering system and the steering system, thereby preventing accidents from occurring.

Nevertheless, as described in Paragraph 2, the Defendant neglected it while under the influence of alcohol and neglected it, and caused the central separation zone, which was established on the left-hand side of the proceeding direction, to the left-hand side of the front-hand part of the said car.

Ultimately, the Defendant, by occupational negligence above, destroyed the repair cost of the above central separation unit to be equivalent to KRW 4,352,600, and did not immediately stop and check whether the damage was inflicted, and escaped as it is.

2. Violation of the Road Traffic Act (F) driving the said vehicle from the front road of the “F” in the “F” in the “F” in the “F” at the time of making a temporary border as set forth in paragraph (1) to the front road of the G in Jeju, while under the influence of alcohol with a blood alcohol concentration of about 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of the statutes governing written estimate site photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of view of causing damage) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act:

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