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(영문) 광주지방법원 목포지원 2015.08.28 2015고단647
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving of freight vehicles C, C, and C.

On April 7, 2015, the Defendant without obtaining a driver’s license at around 04:30 on April 7, 2015, while under the influence of alcohol with a blood alcohol concentration of 0.093%, the Defendant was driving the said vehicle on the road in front of the Gu Hoho-si market (Gu Hoho-si), leading the E-cafeteria D to a wooden basin from the south elementary school.

At the time, it was difficult to keep a new wall at the time. On the road in the direction of the defendant's driving, the G rocketing car owned by the victim F was parked, so in such a case, the person engaged in driving of the motor vehicle had a duty of care to keep the front side and the right and the right of the motor vehicle well and to prevent the accident in advance by keeping the distance with the parked vehicle.

Nevertheless, the Defendant neglected to do so and proceeded with as it was due to the negligence of the Defendant, and received the front part of the driver's seat of the car at the front line of the car operated by the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the said rocketing car to cover KRW 732,292 of the repair cost, and escaped without immediately stopping the said car and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Written estimate;

1. Application of the Acts and subordinate statutes to the damaged vehicles and photographs of a hazard;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (not taking measures after an accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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