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(영문) 수원지방법원 안산지원 2016.05.04 2016고단166
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is B's franchise and XG driver.

On December 13, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 01:45 and 0.253% of alcohol concentration in blood, and driven the above vehicle at a luminous speed of 843 lanes front of the National Bank of Korea, a luminous name, at the luminous length of light, led to the flow of the three-lane road at a luminous speed depending on one way among three-lanes of light name cycles.

There is a duty of care to prevent accidents by accurately manipulating the front side and the right and the right and the right and the right and the right and the right and the right of the driver of the vehicle, who is engaged in driving the vehicle.

Nevertheless, while under the influence of alcohol, the Defendant neglected this and went away without taking necessary measures, such as immediately stopping and checking the situation of the accident, by taking the pents owned by the Defendant as the front part of the above vehicle and destroying approximately KRW 918,500 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Notification of the results of regulating the driving of alcohol, and a written appraisal of alcohol during blood transfusion;

1. Application of the written estimate statutes;

1. Article 148, Article 54(1) (a) of the Road Traffic Act concerning facts constituting an offense, and Articles 148, 54(2)2, and 44(1) (a) of the Road Traffic Act concerning the drinking of alcohol (a person who drives a motor vehicle after an accident);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant was punished by a fine due to driving under drinking, and committed the instant crime at the same time after about three months.

The alcohol concentration in blood is also very high.

It is necessary to make strict penalties.

However, the defendant has no record of punishment other than a fine for about 30 years.

The mistake is recognized and reflected.

The damaged part seems to have been compensated through the comprehensive automobile insurance.

. Other defendant.

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