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(영문) 춘천지방법원 원주지원 2013.09.11 2013고단476
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 21, 2009, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Chuncheon District Court, and on April 29, 2009, to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the original state branch of the Chuncheon District Court, which was sentenced to six months of imprisonment and two years of suspended execution.

On July 15, 2013, at around 22:55, the Defendant: (a) moved from the front side of a national empty club in the original city level to the front side of the original city level, the Defendant was under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.195% from a section of about 300 meters to the front side of the original city level.

2. Violation of the Road Traffic Act (AFS) was committed by the Defendant by driving a car at the above temporary border B, and led the path ahead of the new squerelra, which is located in the original city level, from the side of the fee parking lot for the head of the Gu.

At the same time, C had been driving the EDamp vehicle owned by the victim D on the right side, and thus, C had a duty of care to prevent accidents by thoroughly and safely driving the front-time vehicle to a person engaged in driving service.

Nevertheless, the defendant's negligence in the process of soburing, which led to a shock of the part before the left-hand side of the defendant's vehicle, which led to a shock of the part above the left-hand side of the damaged van.

Ultimately, the Defendant, by occupational negligence, did not immediately stop the damaged vehicle to the extent that the market value is destroyed to the extent that it does not take necessary measures, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a report on detection of a drinking driver;

1. An accident scene photograph;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of criminal records and written judgments, etc.);

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

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