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(영문) 창원지방법원 2017.06.22 2017고단1155
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

1. The Defendant is a person engaging in driving service of a vehicle B K5 vehicle.

On April 1, 2017, the Defendant came to come from the atmosphere when he sent a signal to the watcher of Kimhae-si, Kim Jong-si on April 1, 2017.

At the time, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to safely proceed by accurately operating the steering and the system.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s fault before driving of the Defendant’s driver’s vehicle, and the lower part of the victim C(23 ) waiting for the signal signal in front of the Defendant’s driver’s vehicle was shocked with the front part of the Defendant’s vehicle driving seat.

Ultimately, even though the Defendant damaged the Defendant’s repair costs equivalent to approximately KRW 426,006 in total, such as exchange of a spread to the victim due to the above occupational negligence, the Defendant did not immediately stop the vehicle and did not take necessary measures, such as providing assistance to casualties.

2. Defendant 1 driven B K5 cars under the influence of alcohol concentration of 0.089% from the section of 1.73 km from the road in front of the frequency of the island that is the largest in the city of Kumn-dong, Kim Jong-dong at the time of the day indicated in the above paragraph 1 to the same parking lot of 503 1.7 km-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A report on internal investigation (the distance from driving under influence of alcohol);

1. Written estimate (D);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of the total of the long-term punishments of the above two crimes) of the Aggravation of Concurrent Crimes.

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