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(영문) 수원지방법원 안산지원 2015.09.24 2015고단2462
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

1. The Defendant is a person engaging in driving a rocketing vehicle B;

On June 19, 2015, at around 23:50 on June 19, 2015, the Defendant driving the above vehicle and proceeding at a speed of 80km each hour at a speed of 80km each hour from the waterside to the Incheon At the waterside to the waterside.

The lane has been changed to the one-way access road.

In such a case, a person engaged in driving service has a duty of care to safely change the lanes by checking the front side and the left side.

Nevertheless, the Defendant neglected to check the access of the YFbea taxi vehicle to the above one-way access road while driving the Mad victim C, and caused the change of the lane due to the negligence of changing the lane, which led to the front part of the vehicle driving by the Defendant.

Ultimately, the Defendant did not immediately stop the damaged vehicle so that the amount of KRW 929,158 of the repair cost would be approximately KRW 929,158 due to such occupational negligence and did not take necessary measures, such as checking the state of damage.

2. Around 23:50 on June 19, 2015, the Defendant: (a) driven a rocketing vehicle at approximately 15 km from the road located in the river in the area of the river in the area of Suwon-si, the area of alcohol content of which is under the influence of alcohol by 0.125%; (b) from the road in the area of the river in the area of Suwon-si to the road in front of the central hospital located in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each written statement E, F, and C;

1. A traffic accident report (1), (2);

1. Report on the status of primary operation;

1. Notification of the control of drinking driving;

1. Written estimate;

1. Application of related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures to be taken after destroying and damaging objects), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of running sound) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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