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(영문) 광주지방법원 장흥지원 2016.11.10 2016고단104
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On February 28, 2016, the Defendant driven the above cargo while under the influence of alcohol of 0.187% with a blood alcohol concentration of 0.187% on February 14, 2016, and proceeded with a road of one-lane in front of the wind rock distance, which is located in the inside and outside of the Yungung-gun, Gung-gun.

Since there are lots of roads bended by the direction, the driver had a duty of care to prevent accidents by accurately manipulating the front direction and the right and the right and the right and the right and the right of the driver, and by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant received signal apparatus installed on the right side of the road as the front part of the above cargo vehicle by negligence while under the influence of alcohol.

After all, the Defendant driven a motor vehicle while under the influence of alcohol, and destroyed the above signal apparatus of the victim interest police station management by negligence in the course of performing his/her duties so that it can amount to KRW 1,045,00,000, without immediately taking necessary measures.

Summary of Evidence

1. The defendant's partial statement in court (the defendant and his defense counsel asserted that the defendant did not drive alcohol, but considering witness D and E's consistent statements, this part of the facts charged is found to be fully convicted)

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D and E;

1. The application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the report on the situation of a drinking driver, investigation report, site photographs, drinking-measurement photographs, etc., inquiry into the results of the crackdown on drinking driving, the notice of correction, written notice of completion, written estimate, the ledger of using a drinking measuring instrument,

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148, 54 (1) of the Road Traffic Act that choose the penalty (the point of unmeasures after accidents, the choice of imprisonment), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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