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(영문) 광주지방법원 2020.07.23 2020고단1933

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for one year.

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

On July 16, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On March 24, 2020, at around 23:10, the Defendant driven a BM5 car while under the influence of alcohol of 0.179%, and changed the lane while driving four lanes from the five-lanes in front of the annual underground street street in Gwangju Northern-gu, the light height of the company.

At the same time, in such cases, the driver had a duty of care to prevent accidents by safely manipulating the operation and steering gear and safely manipulating the direction to change the course of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to change the course from the four-lane to the five-lanes, led the victim C's low-speed strawing part in front of the driver's seat of the victim C in the same direction five-lanes.

Ultimately, the Defendant, due to the above occupational negligence, destroyed the repair cost equivalent to KRW 1,792,00, such as the landing of a driver in front of the above SM5 car, but did not immediately stop and run away without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Written estimate;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes to report criminal records;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;