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(영문) 광주지방법원 2018.04.26 2018고단475

도로교통법위반(사고후미조치)등

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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

The Defendant is the owner of CPoter Ⅱ, who is engaged in driving of the above cargo vehicle.

1. On May 5, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (amended by Act No. 1504, May 17, 2017) (amended by Act No. 1480, May 17, 2017) (hereinafter “FF”) driving the said cargo while under the influence of alcohol level of 0.195%, while driving the said cargo, and driving the road in front of the E-cafeteria located in D at the former E-cafeteria parking lot.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by reducing speed and by properly examining the right and the right of the motor vehicle.

However, the Defendant neglected to stop and proceeded as is while driving the vehicle, and was driven by the victim G (36 S) of the Defendant while driving the Hsch Rexton car, which was driven by the Defendant, as the front part of the Defendant’s cargo vehicle behind the said cargo vehicle.

In the end, the Defendant, by the above occupational negligence, destroyed the repair cost of the car for the U.S. and immediately stopped and escaped without taking measures to prevent danger on the road.

2. On May 5, 2017, the Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) drive the foregoing cargo vehicle not covered by mandatory insurance at a section of about 50 meters from the F cafeteria parking lot located in D to the first road located in the same way in the same way from the south-si, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Making a record of drinking testing, notification of the results of regulating drinking driving, and inquiry of the results of regulating drinking driving;

1. Inquiry into mandatory insurance (C);

1. Application of the Acts and subordinate statutes governing traffic accident evidence photographs;

1. Article 148 of the Act applicable to the crime, Articles 54(1) of the Road Traffic Act (the point of taking measures after destroying goods), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking), and Article 46(2)2 of the Guarantee of Automobile Compensation Security Act.