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(영문) 창원지방법원 진주지원 2020.03.12 2019고단1533
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 30, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on December 30, 201, and a person who had the same record in the same court on January 20, 2015, a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

1. On October 14, 2019, the Defendant, while under the influence of alcohol, driven B K5 vehicles while driving at around 22:45 on October 14, 2019, led the Defendant to drive the two-lane road in front of the view of private viewing in Scheon City.

Although a person engaged in driving duty has a duty of care to prevent accidents by accurately operating steering the steering direction and brakes, the Defendant, while under the influence of alcohol, entered the opposite lane, and the Defendant was placed on the opposite side of the plastic material installed at the center of the road, and the Defendant was fully placed on the right side of the K5 vehicle.

The Defendant, by occupational negligence, destroyed the Central Separation Zone and escaped without taking necessary measures as an accident driver, even though he/she destroyed the Central Separation Zone in order to have the amount equivalent to KRW 2,200,000.

2. Around 22:45 on October 14, 2019, the Defendant driven B K5 vehicles at a section of approximately 400 meters from the C apartment parking lot to the C apartment 400 meters on the roads front of the Sacheon-si in the direction of drinking alcohol concentration of 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph of each accident site, a survey report on actual condition, a notification of the results of the regulation of drinking driving, a report on the situation of a drinking driver, a report on internal investigation (on-site inspection, etc.), nine copies of a field photograph (on-site inspection), and a written estimate;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of related Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148, 54(1) of the Road Traffic Act that apply to the crime, the choice of a sentence, and the choice of a sentence (the selection of imprisonment or imprisonment) of the Road Traffic Act, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) of the Road Traffic Act;

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