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(영문) 대전지방법원 천안지원 2015.03.17 2014고단1843
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

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. On November 5, 2014, at around 20:35, the Defendant driven a C rocketing car with a blood alcohol concentration of about 0.212% while under the influence of alcohol without obtaining a driver’s license from the cafeteria parking lot located in the Dong-gu, Chungcheongnam-gu, Yancheon-gu, Yancheon-si to the front day of the “Mabro” in the vicinity of the 737-meter road.

2. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a rocketing car.

On November 05, 2014, at around 20:35, the Defendant, without obtaining a driver’s license as above, proceeded with a two-lane road in front of the “Embrate Embrate,” located in the East-gu, East-gu, Sinan-gu, Sinan-gu, Sinan-si, Sinan-si, under the influence of alcohol content of 0.212%, at a non-speed speed depending on the direction of the reception from the direction of the Amban-si.

At that time, the Defendant was behind the victim D(55 years old) driving in the same direction, which led to the behind the victim D(55 years old) drive, and therefore, the Defendant had a duty of care to prevent accidents, such as: (a) a person engaged in driving of a motor vehicle is well aware of the situation; (b) a person engaged in driving of a motor vehicle is able to live well; and (c) a person engaged in driving a motor vehicle has a duty of care to ensure safety distance to avoid accidents

Nevertheless, when the Defendant neglected this and neglected to drive in close vicinity and neglected to stop the said vehicle due to the vehicle stop signal at the front section, the Defendant did not discover that the said vehicle was stopped according to the vehicle stop signal at the front section of the vehicle operated by the Defendant and received the parts behind the said vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the above damaged vehicle to be equivalent to KRW 1,595,00,000 for repair expenses, and did not immediately stop and run away without taking measures, such as aiding and abetting the victim.

Summary of Evidence

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