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(영문) 대구지방법원 2018.07.12 2018고단2235
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 5, 2018, the Defendant: (a) driven a C Non-Stop car under the influence of alcohol content of about 0.19% from the 4km section to the 0.19% alcohol content in front of the lux road located in the Nam-gu Southern-gu, Daegu-gu, Daegu-gu, to the luxon road located in the south-gu, Daegu-gu, Daegu-gu.

2. The Defendant is a person engaging in driving service of a car with C non-Stop in violation of the Road Traffic Act (after the accident).

The Defendant, while under the influence of alcohol content of 0.19% at the time of the day set forth in the preceding paragraph, driven the said car and proceeded ahead of the “E” restaurant located in Daegu-gu, Daegu-gu, with a view to the four-distance away from the boundary of the Dongdae-gu.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle in front, rear, and left and right of the vehicle driver.

Nevertheless, under the influence of alcohol, the Defendant left the right side of the GX50A, which is owned by the victim FF, who is parked on the right side of the road while neglecting his/her duty, and escaped without taking necessary measures after immediately stopping the vehicle, while the Defendant escaped to the right side of the car driving by the Defendant, and then the Defendant was able to take measures against the victim during the course of shooting from the injured party, by taking the lebane pluger driven by the victim as the front driver of the vehicle driving by the Defendant, and destroying the 6,128,323 won of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the written estimate statutes;

1. Relevant Article of the Act and Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2 and 44(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, each of which constitutes a crime, shall be punished by imprisonment, with labor, or imprisonment with labor.

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