(영문) 광주지방법원 순천지원 2019.01.23 2018고단2139

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2019.01.23 2018고단2139

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 07:57 on August 26, 2018, the Defendant, while driving a BKanbon vehicle under the influence of alcohol level of 0.203%, led the Defendant to drive the BKanbon vehicle under the influence of alcohol level of 0.203% in light of the opticalyang-si: (a) the front-way road in C was under the influence of the F Hospital emergency from the E drinking room to the opposite direction to the one-way road.

Since there are lots of vehicles are parked on both sides of the road as one-way no-passing zones, the defendant engaged in driving of the motor vehicle has a duty of care to refrain from entering the road and drive the steering gear and brake system accurately.

Nevertheless, as long as the Defendant neglected this, the part of the victim G, which was parked on the left side of the front bank due to the negligence of moving the steering gear and brakes into the zone where entry is prohibited, due to the Defendant’s negligence, and led to the Defendant’s failure to operate the steering gear and brakes properly, was placed in the front part of the left part of the Defendant’s driving.

Ultimately, the Defendant, by such occupational negligence, did not take any measure while destroying and damaging the repair cost equivalent to KRW 2,029,531, such as the spread of the said Lone Star Co., Ltd. owned by the victim G, and escaped from the said franchise-free car.

2. The Defendant was driving the said vehicle under the influence of alcohol by 0.203% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Written estimate;

1. Application of Acts and subordinate statutes governing traffic accident photographs;

1. Relevant Article of the Act on the Crime and Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures to be taken after destroying and damaging property by occupational negligence), Articles 148-2(2)1 and 44 of the Road Traffic Act.

참조조문

-도로교통법 제148조의2 제2항 제1호

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