beta
(영문) 창원지방법원 2020.11.20 2020고단3167

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving the B-learning passenger car.

On August 1, 2020, the Defendant was under the influence of alcohol level of 0.285% on blood alcohol level at around 17:13, the Defendant driven the said car and moved the said car to the right-hand of the moving-line park at the seat of the moving-line office to the moving-line park.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to prevent accidents in advance by complying with the car line, properly seeing the right and the right and the right of the car driver, and accurately manipulating the steering and steering system.

Nevertheless, the Defendant, while neglecting the influence of alcohol, went through the center line due to the negligence of the Defendant’s failure, brought about the back portion of the F QM6 car driven by the victim E (Nam, 75 years old) who was driving on the right-hand side of the Defendant’s car in the direction of the passage of the Defendant’s car in the mobile E-Wz Park.

Ultimately, the Defendant, by occupational negligence above, destroyed the victim’s vehicle to have a considerable amount of KRW 1,812,564, and left without immediately stopping the vehicle and without taking necessary measures.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a set-off car under the influence of alcohol 0.285% in a section of about 600 meters of blood alcohol level from the roads front of the Jondo in the Jondo at the time of the temporary border, such as the above paragraph (1) to the roads front of the same Gu H.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement of E;

1. Reports on traffic accidents and reports on the results of the control of drinking driving;

1. Application of the written estimate for automobile inspection and maintenance;

1. Article 148, Article 54(1) of the Road Traffic Act, Article 148, Article 148-2(3)1, and Article 44 of the Road Traffic Act concerning the crime;