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(영문) 광주지방법원 2020.05.28 2020고단1078

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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 car.

On March 2, 2020, at around 08:50, the Defendant driven the said car with a blood alcohol concentration of 0.172%, and led to the driving of the said car along two-lanes from the E Hospital bank to the Fmiddle School bank.

In this case, there was a duty of care to prevent accidents in advance by safely manipulating the steering gear and brakes for those engaged in driving business.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim G who was standing in the front direction of the signal signal while neglecting the duty of the front direction while neglecting this, and was driven by the victim G, which was driven by the victim G, on the front direction of the Defendant’s vehicle.

After all, the Defendant, due to the above occupational negligence, destroyed the above damaged vehicle to be repaired by the unpaid repair cost, but did not immediately stop and fled without taking necessary measures.

2. On June 20, 2019, the Defendant was subject to a disposition of suspending indictment for a violation of the Road Traffic Act at the Gwangju District Prosecutors’ Office on June 20, 2019

Article 148-2 (1) of the Road Traffic Act punishs “a person who violates Article 44 (1) or (2) not less than twice,” and such punishment is not required to punish those who violate Article 44 (2) or (3) more than twice the language and text, and it does not require a pronouncement of punishment or a final and conclusive judgment

(See Supreme Court Decision 2018Do11378 Decided November 15, 2018 (see, e.g., Supreme Court Decision 2018Do11378, Nov. 15, 2018). Around 08:50 on March 2, 2020, the Defendant driven B rocketing car from approximately 2 km to the roads prior to the office of education of Gwangju-gu, Seo-gu Office of Education, under the influence of alcohol concentration of 0.172%.

Summary of Evidence

1. Defendant's legal statement;

1. G. G.