logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2015.05.20 2015고단1004
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant has been notified of each fine of KRW 4 million at the Suwon District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 1 million on November 3, 2007, KRW 3 million on April 24, 2009, and a violation of the Road Traffic Act (Refusal of Drinking Measures) on June 12, 2009.

1. Around 00:38 March 18, 2015, the Defendant violated the Road Traffic Act (driving a sound driving) driven a scenario car under the influence of alcohol of 0.177% of blood alcohol concentration at the section of approximately 2 km from the front day of Ansan-gu's Gool to the front day of the 694-3rd day.

2. Violation of the Road Traffic Act (Measures Taken after Accidents) around 00:38 March 18, 2015, the Defendant driven a Bio car and proceeded with the three-lane road in front of the school port located in Ansan-si, Annsan-si, Annsan-si, with the front side of the school port located in Annsan-si.

At night, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering gear and steering the steering room and the steering system in such cases.

Nevertheless, the Defendant, while neglecting such duty of care, did not take necessary measures, such as aiding the victim, while driving a motor vehicle while under the influence of alcohol as described in Paragraph 1, and putting the victim's Category D Launa car, and destroying the repair cost to the extent that the repair cost would be approximately KRW 372,258.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A traffic accident warning (1) (2);

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Written estimate;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148, 54 (1) of the Road Traffic Act that choose a penalty (not to take measures after an accident, choice of imprisonment), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

arrow