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광주지방법원 2016.03.24 2015고단5147

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;



Punishment of the crime

[criminal history] On May 20, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on May 20, 200 and KRW 1.5 million for the same crime at the same court on November 25, 2014.

[Criminal facts] The Defendant is a person who is engaged in driving Category C cargo vehicles.

On December 10, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.235% in blood, and proceeded at a speed of about 50 to 60 km from the side of the gas station in agricultural cooperatives to the parallel of the water at the speed of about 50 to 60 km in front of the water surface in the southyang-gun D.

At the time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering right and the steering gear of a person engaged in driving of a motor vehicle at night. In such a case, there was a duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to load the part of Gpoter freight on the left side of the Gpoter Gpoter car owned by the victim F, which was parked on the two-lanes due to the negligence of driving it, was turned into the front right side of the Defendant’s vehicle, and due to the shock, the said Gpoter freight was pushed down in the future, and then the victim H’s low-speed car parked on the right side, which was parked on the right side.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the victim H’s above-mentioned cargo vehicle amounting to KRW 2,314,648, and escaped without immediately stopping the vehicle and without taking necessary measures, even though the victim H’s above-mentioned vehicle amounting to KRW 2,892,528.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and H;

1. Report on a traffic accident, report on the circumstances of a driver driving, inquiry of the results of crackdown on drinking driving, written estimate, and on-site photograph of a traffic accident;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Article 148-2. of the Road Traffic Act concerning facts constituting an offense;