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(영문) 부산지방법원 동부지원 2017.10.19 2017고단1423
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 who is engaged in driving service of a vehicle CM3 vehicle.

On May 25, 2017, at around 05:14, the Defendant driven the said car under the influence of alcohol content of 0.225% in blood, and led the Defendant to drive the said car at a speed of 0.25% in front of the instant officetel located in the Don-dong in Busan, Daegu, Busan, on the surface of the “Seblance-si” parking room from the “Seblance-si Office” parking room of the “Seblance-si Office” at a speed of about 40km in speed.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the defendant was parked on the above road due to negligence of failing to accurately operate the steering gear and brakes while neglecting it.

D The EM5 passenger cars and GG car owned by the EM5 were for the above SM3 passenger lanes.

The Defendant, by these occupational negligence, destroyed the above SM5 passenger cars and the franchise car so that it can repair costs without taking necessary measures in the event of a traffic accident, and escaped from the site.

2. On the same day as paragraph 1, the Defendant driven the said SM3 vehicle under the influence of alcohol content of 0.225% in blood, from the parking lot of the “fash-si” parking lot located in the city of Busan Metropolitan City, Busan Metropolitan City, to the front road of the “Skh-dong” officetel located in the Busan Metropolitan Do, Busan Metropolitan Do, the Defendant driven the said SM3 vehicle under the influence of alcohol content of 0.225%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles 148, 54(1) (a) of the Road Traffic Act concerning facts constituting an offense, and Articles 148, 54(2)1, and 44(1) (a) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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