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(영문) 창원지방법원 통영지원 2017.09.06 2017고단757
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 29, 2017, without a driver's license of a motor vehicle around 03:38, the Defendant was under the influence of alcohol level of 0.102% in blood while driving a motor vehicle of cire, and the Defendant was under the duty of care to prevent accidents in advance by accurately manipulating the front part of the apartment of 2 lanes in the middle part of 3:15 degrees in Sari-ro 4:0 in the middle part of the apartment of 3:0 in the middle part of the apartment of 15:0 in the middle part of 3:0,000 in the middle part of the city. In such a case, the Defendant was at night and at night, and there was a road to prevent accidents by accurately manipulating the front part and the left part of the motor vehicle of 3:0.0.

Nevertheless, the Defendant, while under the influence of alcohol, found the road bended by the front bank by negligence, which neglected the duty of the front bank, and operated the steering gear at a late time, but did not reach this. However, even if the Defendant obtained a median unit at the center of the left side of the moving direction in front of the left side of the Defendant’s vehicle and escaped without taking necessary measures, such as immediately stopping and checking the situation of damage, even if he did not remove approximately 600,000 won of the center of the moving direction.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition, report on the occurrence of a traffic accident, report on the detection of the driver at the main place, report on the circumstances of the driver at the main place, and report on each investigation (report on the actual condition of the driver at the main place and

1. On-site inspections and photographs of accidents;

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. Article 148, Article 54(1) (a) of the Road Traffic Act related to the facts constituting an offense, Article 148, Article 54(2)2, Article 44(1) (a) of the Road Traffic Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a non-licensed driving)

1. The crimes provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (driving of Drinking) and the crimes of violation of traffic laws on roads (driving of Drinking) and the crimes of violation of traffic laws on roads, and the crimes of violation of traffic laws on roads, which are more severe punishment.

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