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(영문) 청주지방법원 제천지원 2014.04.03 2013고단971
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six 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 string three cargo vehicles.

On November 26, 2013, at around 22:38, the Defendant driven the above cargo while under the influence of alcohol 0.232% of the blood alcohol concentration, and driven the two-lane road in front of the intellectual museum of Korea, which is located in the gold dypology in the gold dypically, at a non-speed speed along the one-lane distance from the gold side.

At the time, the driver was able to set a knife at night, and the lighting facilities are not installed in the vicinity of the road, so there was a duty of care to prevent accidents by thoroughly keeping the front left-down vision in the defendant engaged in driving service and safely driving the vehicle in the safe manner.

Nevertheless, the Defendant neglected this and went beyond a two-lane, and received the part on the left side side of the freight vehicle operated by the Defendant, which is the front side of the freight vehicle, which was driven by the Defendant, in the same direction as the negligence in the course of his duties, driving over a one-lane and two-lanes.

Ultimately, the Defendant, due to the above occupational negligence, destroyed the said rocketing car owned by the victim E, to the extent of KRW 68,850 of the repair cost, and escaped without stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual condition, photographs, report on detection of a host driver, circumstantial report on a host driver, and written estimate;

1. Relevant laws concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1, and 44 (1) of the Road Traffic Act (the point of sound driving), and the choice of imprisonment with prison labor (the point of the same criminal record in 2007, the point of the blood alcohol concentration is very high).

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation of damage under Articles 53 and 55(1)3 of the Criminal Act is minor and agreed.

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