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(영문) 전주지방법원 2017.01.17 2016고단1814
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of 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 a K5-car.

On September 23, 2016, the Defendant driven the said car under the influence of alcohol level of 0.211% among blood transfusion around 04:00, while driving the said car, and driven the road of 154 lanes in front of the Crainjin-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, with two lanes from the edge of the mastro to the direction of the mastro, the Defendant driven the road of 154 lanes.

At the time of night, in such a case, the driver had a duty of care to safely drive the steering gear and brakes by accurately operating the steering gear and the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to keep the traffic signal control apparatus on the right side of the Defendant’s vehicle and was in front of the right side of the Defendant’s vehicle.

Ultimately, the Defendant, by negligence in the course of business as seen above, destroyed the above traffic signal control device to cover KRW 1.260,000, but stopped immediately and escaped without taking necessary measures, such as removing fugitives on the road.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on the detection of a primary driver, a report on the circumstances of the primary driver, and a report on the detection of the primary driver (the result of blood collection);

1. Each investigation report (related to traffic failure, etc., verification of black stay images, hearing of references C telephone, and review of whether any danger or impediment to traffic occurs);

1. Requests for alcohol appraisal, requests for appraisal and response to requests for appraisal during blood;

1. Written estimate;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant legal provisions, Articles 148, 54(1) of the Road Traffic Act (the point of non-measures after traffic accidents), Articles 148-2(2)1, and 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts, and the choice of imprisonment, respectively.

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