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(영문) 춘천지방법원 속초지원 2016.03.23 2015고단558
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car at the CNA city in violation of the Road Traffic Act (after-accident).

On October 31, 2015, around 19:05, the Defendant driven the said car with alcohol content of 0.184% while under the influence of alcohol at 0.184% during blood, and continued to run the parking lot for the gold-family apartment located in the Young-si Sea 6, Young-si.

In such cases, the driver had a duty of care to prevent accidents in advance by safely driving the former, the latter, and the left and right.

Nevertheless, due to the negligence and negligence of neglecting this, the part of the victim D, which was parked in the above parking lot, was placed in front of the left-hand part of the EM7 passenger car owned by the defendant driving.

Ultimately, even though the Defendant damaged the MF7 car owned by the victim due to the above occupational negligence, it did not immediately stop the car and take measures such as confirming the degree of damage, and left the accident site as it is, even though it did not take measures such as immediately stopping the car and confirming the degree of damage.

2. On October 31, 2015, the Defendant violated the Road Traffic Act (divated driving) driven the said NAS car with approximately 100 meters of alcohol content 0.184% while under the influence of alcohol from the parking lot of the Young apartment located in the Young-si 6-ro, Young-si, Young-si, Young-si, to the 17-1 Sim-si, Simpher, in a state of under the influence of alcohol by around 19:05.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the results of regulating drinking driving, and a report on the circumstances of drinking driving;

1. Application of the written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

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

1. Article 62 of the Criminal Act:

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