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(영문) 대구지방법원 상주지원 2019.07.23 2019고단117
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a straw freight vehicle B.

On February 28, 2019, at around 22:05, the Defendant, while residing in a drunken state with a blood alcohol content of 0.130%, was driving the said cargo from the front of the office of the YY, YY, the Defendant was driving the said cargo from the front of the office of the YY, YY, and was driving the said cargo on the front of the office of the YY, which became one-lane road in front of C in the

At this time, the driver of a motor vehicle has a duty of care to ensure safe traffic by properly manipulating steering devices and brakes according to road conditions.

Nevertheless, the Defendant neglected this and destroyed street trees on the right side of the running direction due to negligence while under the influence of alcohol, and then escaped without taking measures to prevent additional traffic hazards and obstacles despite the risk of causing additional traffic hazards and obstacles.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of statutes on site photographs;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures not to be taken after an accident) concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the fact that the Defendant, with the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, led to the confession of the instant crime and reflects the mistake, and that no personal injury has occurred, etc. are favorable to the Defendant.

However, the vehicle is driven in a state of drinking water of not less than 0.1%, and the street trees on the right side of the one-lane at night are collected, and the vehicle is parked on the road while it stops in a blind line.

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