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(영문) 수원지방법원 성남지원 2017.10.12 2017고단2260
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2017, the Defendant violated the Road Traffic Act (after-accident) driving a B-hand motor vehicle under the influence of alcohol concentration of 0.217% at around 22:00, while driving a b-hand motor vehicle under the influence of alcohol concentration of 0.217% at around 0:0, the Defendant proceeded with the road front of the Youth Culture Center located at 14, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City bank at an aesthetic speed.

At the time, there were motor vehicles parked on the above road at night, and thus, there was a duty of care to prevent accidents by reducing speed and driving on the front door and right door well.

Nevertheless, the defendant neglected to do so and proceeded on the above road, and shocked into the front right-hand part of the Done Star Co., Ltd. owned by the victim C and the F. F. P. P. E., the defendant driving on each left-hand part of the victim E.

Ultimately, the Defendant did not immediately stop and take necessary measures despite the damage of the said D and F vehicles to the sum of KRW 2,270,601 in the above occupational negligence.

2. On the date and time set forth in paragraph 1, the Defendant driving a motor vehicle with the highest alcohol content of 0.217% as stated in paragraph 1, while under the influence of alcohol, from the front of the Youth Culture Center, 14 a 25 mnife-gu, Seongbuk-gu, Sungnam-si, to the front of the 518-way road, according to the same sensibity.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Traffic accident report, investigation report (report on the situation of the driver in charge), and report on the detection of the driver in charge;

1. Application of Acts and subordinate statutes governing vehicle photographs related to accidents;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)1 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act for mitigation of quantity;

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