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(영문) 전주지방법원 2018.08.21 2018고단730

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of two years on March 25, 2016 by imprisonment with prison labor for a violation of the Road Traffic Act (refluence of drinking), etc. at the same court on March 25, 2016, and the decision became final and conclusive on December 29 of the same year.

[Criminal Facts]

1. The Defendant is a person who is engaged in driving of a sports vehicle B in the context of having violated the Road Traffic Act (after-accident).

On February 16, 2018, the Defendant driven the above vehicle at around 12:20 on the 16th day of February, 2018, while driving the D road at Kim Jong-si according to the F elementary school level from the Myeon where E is located to the F elementary school level, and was temporarily stopped.

The location has a duty of care to avoid moving a vehicle, if it is likely to obstruct the passage of other vehicles to a person engaged in driving service as a road of one lane.

Nevertheless, the Defendant neglected to do so and did not look at the rear side, and followed by negligence moving back on the one-lane road of the Do, and shocked by the victim G, the lower part of the H Twork XG car driving by the victim G with the right side of the above vehicle.

Defendant 1,822,00 won, such as subsequent exchange of 1,822,00 won to the injured party due to such occupational negligence, left away without immediately stopping and taking necessary measures, even though the injured party’s car was damaged to the extent.

2. On February 16, 2018, the Defendant violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) driving a sports vehicle B in the section of about five kilometers from the front of the Defendant’s residence in Kim Jong-si to the front of the Defendant’s dwelling, without obtaining a driver’s license on around 12:20 on February 16, 2018, while under the influence of alcohol with 0.105% of alcohol in blood, again driving a sports vehicle in the section of about five kilometers from the front of the Defendant’s dwelling to the front of

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of the crackdown on driving under drinking;