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(영문) 광주지방법원 2020.11.26 2020고단4956
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) by the Defendant is a person who is engaged in the operation of B rocketing car.

On July 12, 2020, at around 05:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.116%, and driven the two-lanes between the two-lanes at the point 1, 35.7km in the Ginam Highway 35.7km in the Ginam-gun.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by reducing speed and checking the right and the right of the motor vehicle.

Nevertheless, due to the negligence that the Defendant neglected this and while driving in the same direction before the Defendant’s vehicle, the Defendant got off the right side and front side of the Defendant’s vehicle, which the victim C driven in the same direction as before the Defendant’s vehicle.

Although the Defendant, due to the above occupational negligence, destroyed the part on the left side of the car of the above C 1,868,000 won for repair, the Defendant immediately stopped and escaped without taking necessary measures, such as providing the victim with personal information.

2. Around 05:00 on July 12, 2020, the Defendant driven B rocketing car at approximately 55 km from the front of a restaurant, where the trade name in the Seo-gu, Gwangju, is unknown while under the influence of alcohol 0.116% at a level of alcohol level, from the front of the restaurant to the front road of Jeonnam E-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and the report on a traffic accident;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to receipts, such as demand for repair expenses and repair expenses;

1. Relevant Article 148 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the occupation of a measure not to be taken after the destruction and damage of property), Article 148-2 (3) 2 of the Road Traffic Act concerning the crime; and

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