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(영문) 광주지방법원 2016.11.24 2016고단4030
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person who drives a vehicle BA6 vehicle.

On August 4, 2016, the Defendant driven the above vehicle at around 13:00, and proceeded along the two lanes between the two lanes, at a point 32 km in the Gochogyang Highway.

At the same time, the DSS7 vehicle driven by the victim C is driving in the front of the road, and the vehicle is driving in the same way, and the defendant driving vehicle is driving in the two-lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, while neglecting this, the Defendant neglected to change course to a two-lane, the Defendant did not take any measures against the front part of the driver’s seat of the above damaged vehicle due to even even the rear door of the driver’s vehicle.

2. On February 25, 2008, the Defendant was sentenced to a suspended sentence of 3 million won by imprisonment with prison labor for the same offense in the Gwangju District Court, etc. on September 19, 2008, 2 years from a suspended sentence of 6 months by imprisonment with prison labor for the same offense in the same court on September 19, 2008, and 3 years from a suspended sentence of 10 months by the same court on December 30, 208.

The Defendant, like paragraph (1), driven the above vehicle while under the influence of alcohol level of 0.175% at approximately 10km in the section of about 10km from the 10km away from the 102 high-end high-tech parking lot in Gwangjubuk-gu, Gwangju Metropolitan City, to the 32km away from the fenced bank.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above vehicle on the road which is not covered by mandatory insurance, such as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement on the occurrence of traffic accidents;

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