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울산지방법원 2018.10.17 2018고단2298

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 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 engaged in the driving of B B Poter II cargo vehicles.

On April 6, 2018, the Defendant driven the above cargo vehicle around 20:50, and moved the front road of D in Ulsan-gu C from the right edge of the Ulsan National Science University to the right edge.

Since there is a road where a central line is installed, there was a duty of care to prevent accidents by driving safely, such as driving a person engaged in driving service so that the central line does not be invaded.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.165%, driven by the median line while breathing the center line, and caused the Defendant to shock the front part of the FTballa car driven by E in the opposite direction, which was driven by the signal atmosphere, with the front part of the said cargo vehicle of the Defendant.

Ultimately, the Defendant did not take any measure at the time of the occurrence of a traffic accident, even though the above Tbluri passenger car repair cost 2,802,765 won was damaged to the extent due to the above occupational negligence.

2. On April 6, 2018, the Defendant driven the Poter II cargo vehicle described in paragraph (1), while under the influence of alcohol, from about 10 meters to about 0.165% of alcohol content at the 10m section of the Ulsan National University, Ulsan National University, Ulsan National University, Ulsan National University, to the front road of the Ulsan National Science and Technology University.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing accidents such as reports on the occurrence of traffic accidents, intensity of the traffic accident site, actual survey report, accident-related photographs, accident-related photographs, report on the detection of the primary driver, statement report on the circumstances of the primary driver, estimates, and video CDs related to accidents;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure that is not taken after the destruction of goods) of the Road Traffic Act, 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 Code to increase concurrent crimes.