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(영문) 광주지방법원 2019.10.17 2019고단1552

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving B rocketing vehicles.

On April 13, 2019, the Defendant driving the said vehicle while under the influence of alcohol content of 0.212%, and driving the said vehicle in front of the D convenience store located in Gwangju Northern-gu C, and driving it on the road above the D convenience store in Gwangju-gu, and driving it on the surface of the Dorambrogate.

In this case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to prevent the accident by emphasizing the front side and the left side and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and negligently driven under the influence of alcohol as seen above, brought about the right side of the Fsch Rexton vehicle driven in front of the same direction by the victim E (the age of 47) who stops in front of the same direction, with the driving seat of the Defendant.

The Defendant did not take necessary measures even after destroying damaged vehicles so that 2,065,910 won of repair costs were damaged by occupational negligence as above, and left the site as they were.

2. Around April 13, 2019, the Defendant driving a rocketing vehicle with the blood alcohol concentration of about 0.212% in the section of about 300 meters from the roads adjacent to the G market in Gwangju Northern-gu to the place of the said accident.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, J, and E;

1. Each written statement of E and H prepared;

1. The circumstantial statement of the employee;

1. A detailed statement on processing reported cases;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of each accident site;

1. Relevant statutory provisions concerning criminal facts, Articles 148 and 54(1) of the Road Traffic Act that provide for the choice of punishment, Articles 148 and 14(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Articles 148-2(2)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 20

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.