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(영문) 인천지방법원 2017.11.23 2017고단7535
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Road Traffic Act (Mini Cooper) by the Defendant is a person driving a motor vehicle of B U.S. (Minioper).

On August 18, 2017, the Defendant driven the above vehicle at around 23:20, while driving the blood alcohol concentration of 0.171%, and proceeded four-lanes in front of the D hotel in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, at the entrance of Incheon, at an unfluened rate from the basin of the international business area.

At the time, since it is not good to view at night, there was a duty of care to prevent accidents in advance by checking the front side and the left and right of the motor vehicle as a person engaged in driving.

Nevertheless, the Defendant, while under the influence of alcohol, was driving on the road while being negligent and parked on the four-lanes of the road, received the penter part of the E-boo bus owned by the Defendant’s comprehensive air services and received the front part of the said U.S. car.

Ultimately, the Defendant did not take measures at the time of the occurrence of a traffic accident, even though the Defendant damaged the victim by the foregoing occupational negligence to cover KRW 6,515,652, such as the front offender.

2. Around August 18, 2017, the Defendant violated the Road Traffic Act (drinking) driven a car with alcohol content of about 0.171% in blood while under the influence of alcohol at about 1km from around 57 knowledge information short area to around the D hotel located in the same Gu C, as the Incheon Yeonsu-gu Incheon, Yeonsu-gu Incheon, Incheon at around August 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure that is not taken after destruction) of the Road Traffic Act, Articles 148-2(2)2 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. Suspension of execution;

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