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(영문) 광주지방법원 순천지원 2015.12.18 2015고단1907
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 BP car.

On September 12, 2015, the Defendant driven the said car under the influence of alcohol of 0.091% with a blood alcohol concentration of 0.091% on September 12, 2015, and led to the intersection of the private distance without a front signal, etc. of the Dcafeteria located in the Cheongcheon-si C from the Cheongcheon Hot Hot Spring, at a speed of about 50km/h in the direction of the culture and arts center.

Since there is no signal signal, the driver of the motor vehicle has a duty of care to prevent the traffic accident in advance by properly examining whether there is a vehicle, etc. running through the intersection before entering the intersection and driving the intersection.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left of the above intersection from the direction of the Culture and Arts Center in the direction of the instant intersection due to the negligence of the Defendant’s negligence, which led the victim E (the age of 53) driven by the victim E (the age of 53) to the right-hand corner of the front-hand driver’s car.

Ultimately, the Defendant, by occupational negligence above, destroyed the above body-man car to be the sum of the repair cost of KRW 2,504,878 and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written report from an employee of an employer;

1. Investigation report (related to calculation of blood alcohol concentration);

1. Application of the written estimate for repair costs;

1. Relevant Articles 148, 54 (1), 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Although Article 62(1) of the Criminal Act of the suspended execution does not correspond to the case of a crime that a criminal defendant runs away with a traffic accident due to a drunk driving, it seems that the victim's negligence is significant, and it is agreed with the victim;

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