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(영문) 전주지방법원 2017.08.22 2017고단985
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 a period of one year 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 low-priced car.

On March 10, 2017, the Defendant, while under the influence of alcohol level of 0.127% during blood transfusion around 22:40 on March 10, 2017, was driving in the direction of the sub-market in the direction of the Sucheon-gu Seoul Metropolitan City in front of the welfare center for the elderly, and the two-lanes in front of the welfare center for the elderly.

Since the center of the road has a centralized separation, in such a case, a person engaged in driving service has a duty of care to safely operate the steering and brakes by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the central separation zone was received in front of the said car by negligence.

The Defendant did not immediately stop and take necessary measures, such as checking the details of damage, while destroying the central separation of approximately KRW 1,139,209 by occupational negligence as above, and did not immediately stop and check the details of damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Selection of each sentence of imprisonment with prison labor under Articles 148, 54(1), and 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Suspension of Execution of Article 50, Article 62(1) of the Criminal Act and Article 62-2 of the Act on the Suspension of Execution of Article 62-2 of the Act on the Punishment of Concurrent Crimes

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