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(영문) 광주지방법원 순천지원 2016.11.09 2016고단1729
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

Punishment of the crime

The defendant is a person who is engaged in driving a car in B SP area.

On May 24, 2016, at around 01:55, the Defendant, while under the influence of alcohol at 0.173% of the blood alcohol concentration without obtaining a driver’s license, driven the said vehicle and driven the said vehicle along the three-lane road near the “former Moman History Trik Tri” located in the new line at the time of an influence, according to one lane from the “former 3 Complex Complex Triririk” on the side of the “former 3 Complex Management Distance.”

At the time, it is night, and at the same time, the D SP car driven by C(50 years of age) is trying to change its course into one lane, and thus, the person engaged in driving a motor vehicle has a duty of care to operate the motor vehicle safely by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and received the left side part of the car driven by C with the upper right side of the car driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, destroyed a car owned by the victim E in the repair cost of KRW 224,871,00, and escaped without taking necessary measures in the event of a traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report, traffic accident site evidence photographs, CCTV image feed photographs;

1. Report on the circumstances of a drinking driver and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for each choice of punishment;

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