beta
(영문) 광주지방법원 순천지원 2014.07.01 2014고단269

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B with the test.

On January 13, 2014, at around 22:20, the Defendant driven the said car with a alcohol concentration of 0.188% 0.18%, and led the two-lane road in front of the luminous Manyang-si, the Defendant driven the said car at a speed of about 40km along the two-lanes from the side of a golf course to the transmitting apartment at a speed of about 40km.

At the time, it is a night and a lot of vehicles that have been parked in a flat, so a person engaged in driving service has a duty of care to prevent accidents in advance by safely driving by accurately manipulating the front left, and driving a steering boat, steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant was placed on the back side of the DBa car owned by the victim C, which is parked on the right side of the front side of the car driven by the Defendant due to negligence while driving the car as it is, and due to its shock, the Defendant was placed on the back side of the DBa car owned by the victim E, which is parked on the front side while being pushed ahead of the above Baba car in the future.

Ultimately, the Defendant, by the above occupational negligence, failed to take necessary measures after having the victim C’s car exchange, equivalent to KRW 9,674,90 for repair costs, such as the exchange of the victim C’s car, and 1,665,846 for repair costs, such as the exchange of the victim E’s car, and the total amount equivalent to KRW 11,340,746 for the victim E’s car exchange, by causing the incidental traffic accident to prevent the traffic of other vehicles away from the road, and thereby making it interfere with the passage of other vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual survey report and the evidence and photographs of traffic accidents;

1. A report on detection of a host driver;

1. Application of the written estimate for the improvement of inspection and written estimate for the repair cost;

1. Article 148, Article 54 (1) of the Road Traffic Act (the point of not taking measures after accidents), Article 148-2 (2) 2, and Article 44 of the Road Traffic Act concerning the facts of crime;