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(영문) 광주지방법원 2018.11.13 2018고단1441

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

On February 17, 2018, the Defendant driven the said K5 car while under the influence of alcohol 0.125% among blood transfusions on 22:55, and led the front road located in Gwangju Mine-gu D to proceed from the area of Gwangju veterans hospital to the area of Busan veterans hospital.

At the time, since it is a road of one-lane in which the center line of the yellow real line is installed at night and at that time, there was a duty of care to reduce speed, properly observe the vehicle line, and safely proceed by checking well the right and the right and the right of the vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to thoroughly operate the steering gear at the front of the passenger vehicle and thereby received a road wheel on the right side of the vehicle above K5 in the direction of the proceeding.

Accordingly, the Defendant did not take measures necessary for preventing danger and smooth communication on the road, such as immediately stopping and confirming damage caused by the damage of KRW 750,000, which was caused by the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

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

1. Application of the written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The instant crime was committed by the Defendant while driving alcohol.