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(영문) 대구지방법원 서부지원 2016.09.30 2016고단1194
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

[Power of crime] The Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seo-gu District Court Branch on November 12, 2012.

[Criminal facts] The Defendant is a person who drives a vehicle B with the highest level of money.

A. (1) On April 24, 2016, the Defendant driven a vehicle with the highest alcohol level of 0.133% from a road in front of an Eup’s annual cooking, which is located in the same Eup/Myeon, to a road in front of the first way in the Eup/Myeon market, under the influence of alcohol level of around 16:00 on April 24, 2016.

(2) On April 24, 2016, the Defendant driven a vehicle with the highest alcohol level of about 500 meters from the front of the instant police box to C at the parking lot before the instant police box, while under the influence of alcohol level of 0.159% among blood transfusion around 20:05.

B. On April 24, 2016, the Defendant violated the Road Traffic Act (the measures to be taken after an accident) led to the flow of the road in front of the Gyeongbuk-gun, the elderly of the Gyeongbuk-gun, around 20:05, to the village protection of the mountain village in the old Confucian School.

A person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering side and the steering gear, and to prevent accidents.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the road, and received the roadside trees on the right side of the road from the Defendant’s vehicle to the right side of the passenger vehicle.

The Defendant damaged the property equivalent to KRW 1,320,00 for the recovery of street trees due to such occupational negligence, and did not take necessary measures despite the failure of the Defendant’s car returned to the scene of the accident to prevent traffic by neglecting the Defendant’s car.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, investigation report (Attachment of a copy of a arrest report on a case under the traffic laws of the road), inspection report on the actual condition of a traffic accident, notification of the results of regulating driving of each drinking, inspection report on the actual condition of a traffic accident, on-site photographs, and the statement of the circumstances of each driving driver, respectively;

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