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(영문) 춘천지방법원 속초지원 2015.07.01 2015고단108
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in the duty of driving B carone car.

On March 31, 2015, at around 01:27, the Defendant driven the said car while under the influence of alcohol with 0.109% of alcohol concentration, and led to the two-lane road in front of the D in the front of the Sucho City C along the intersection from the steering side to the intersection.

In such cases, the driver has a duty of care to prevent accidents in advance by safely operating the person engaged in driving service with a duty of care to live well in the front, rear, and left and right.

Nevertheless, due to negligence and negligence of neglecting this, the part of the FK5 car owned by the injured party E, which was parked on the right side of the above road, was followed by the Defendant’s driver’s driver’s failure to neglect it, and the part of the FK5 car, which was left back to the right side of the car.

Ultimately, even though the Defendant damaged the said K5 vehicle by occupational negligence as above, it did not immediately stop and check the degree of damage, and left the scene of the accident without taking measures, such as immediately stopping the said vehicle, even though it was damaged to the extent equivalent to KRW 3,886,619.

2. Around 01:22 on March 31, 2015, the Defendant was driving the said car in the state of alcohol alcohol concentration of about 1 km from the restaurant parking lot of the “Yish Water Society” located in Young-si, Young-si around the same day, and around 01:27 around the same day, the Defendant driven the said car in the state of under the influence of alcohol content of about 0.109% by blood alcohol concentration of around 0.109%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report and each photograph;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Written estimate;

1. The application of Acts and subordinate statutes on the report of internal accidents (commarking formula calculation);

1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after accidents), and the choice of imprisonment with prison labor;

1. The Criminal Act among concurrent crimes.

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