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(영문) 창원지방법원 2020.05.21 2019고단3762

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:40 on August 10, 2019, the Defendant was driving a E-to-low-water vehicle with a blood alcohol concentration of 0.304% under the influence of alcohol without obtaining a driver’s license from the front side of the Jinhae-si, Changwon-si to the front side of the D in the same Gu C from about 1km.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the owner of a passenger car as stipulated in paragraph (1).

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, the Defendant operated a passenger car specified in Paragraph 1, which was not covered by mandatory insurance at the date and place specified in Paragraph 1.

3. The Defendant is a person engaging in driving a vehicle as specified in paragraph (1) of the Road Traffic Act.

On August 10, 2019, the Defendant driven the above vehicle at around 18:38, and driven the two-lane road in the Jinhae-si F in the Changwon-si, Jinwon-si, along the direction of the two-lane road from the front direction of the safety center 119 safety center.

There was a place where the center line of yellow-ray was installed, and the vehicles are stopped on the front side, so in such a case, there was a duty of care to thoroughly see the front side to the person engaged in driving the vehicle and to safely drive the vehicle.

Nevertheless, as stated in Paragraph 1, the Defendant neglected this and driven the center line without a driver’s license, and went away without taking necessary measures so that the front door of the I-learning car owned by the victim H, which was parked on the opposite side of the road, can be considered as the front part of the Defendant’s driver’s vehicle and damaged the 1,494,766 won of the repair cost, without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. The police against J.