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(영문) 광주지방법원 순천지원 2018.07.19 2018고단593
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 23, 2009, the Defendant was sentenced to a summary order of 2.5 million won in the Gwangju District Court’s net support for the crime of violating the Road Traffic Act, etc., and was sentenced to a suspended sentence of 2.5 million won in the same court for the same crime on July 9, 2010.

On March 15, 2018, around 17:45, the Defendant driven a D low-speed car in the state of alcohol concentration of 0.123% while under the influence of alcohol at approximately 4.5km from the front side of the 11th new restaurant to the 701st attached parking lot.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

2. On March 15, 2018, the Defendant violated the Road Traffic Act (after-accidents), driving a vehicle with the highest straw above around 17:49 on March 15, 2018, led the Defendant to drive a road in front of the F cafeteria in E at all times.

At that time, since the milch of the surface is milched, the driver of the vehicle had a duty of care to safely operate by accurately manipulating the front side and the left side and the left side and the left side, and accurately manipulating the steering gear.

Nevertheless, the Defendant, by negligence of driving alcohol, received the center separation line installed in the center line as the front part of the above high-speed vehicle, and damaged approximately KRW 1,00,000 for repair expenses, and left the site without immediately stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Written estimate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(1)1 and 44(1) (the point of drinking) of the Road Traffic Act, Articles 148 and 54(1) (the point of failing to take any measure after destruction) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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