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(영문) 광주지방법원 순천지원 2019.05.22 2019고단486

도로교통법위반(사고후미조치)등

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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:40 on February 7, 2018, the Defendant driven a F-Lon car under the influence of alcohol content of 0.293% for 0.293%, from the day before the “C” alcohol house located in Gwangju-si B to the front road located in Mayang-si D via the consortium 11111 at the same time.

2. Violation of the Road Traffic Act (AF) is a person who is engaged in driving a FF mother car.

On February 7, 2018, at around 00:40, the Defendant proceeded along the three-lane distance from G room to the large-distance outflow, the two-lane distance from G room to the large-distance outflow.

At night, and there was difficulty in surrounding areas, driving workers had a duty of care to properly see the pre-way left, and to accurately manipulate the steering direction and brake system of the vehicle, thereby preventing accidents.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the front section of the car in front of the mother-free which the Defendant driven by the victim H in the same direction two-lanes from the same direction by negligence while neglecting the front section, and received the front part of the car in front of the car driving by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the damaged vehicle so that the repair cost, such as painting, can be KRW 300,000,000, and did not immediately stop the damaged vehicle and failed to take measures such as removing the risks on the road

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. The actual survey report and evidence and photographs of the scene of a traffic accident;

1. The circumstantial statement of a drinking driver, the written appraisal of blood alcohol concentration, and the inquiry into the results of the crackdown on drinking operation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Crime, Articles 148, 54(1) of the Road Traffic Act that applies to the choice of punishment, and Articles 148, 54(2)1 and 44 of the Road Traffic Act.