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(영문) 대구지방법원 김천지원 2019.09.04 2019고단519
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Road Traffic Act (Non-accident) (the defendant is a person driving a vehicle in B SPP area.

At around 23:50 on April 15, 2019, the Defendant continued the front road of the apartment complex C in front of the Gu-U.S. Si apartment house to the front door of the apartment house C in the front door.

At the time, at night, there was a lot of vehicles parked at the edge of the road as two-lane roads.

In such cases, there was a duty of care for those who are engaged in driving of motor vehicles to live well on the front side and the left side and to accurately operate the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and was parked at the edge of a two-lane road by negligence, and received the back portion of the victim’s Enib bus owned by the victim D as the front side of the passenger car.

Ultimately, the Defendant did not take necessary measures for smooth traffic flow after destroying the victim’s vehicle due to the foregoing occupational negligence so that the repair cost would not be lost.

2. The Defendant received a summary order of KRW 3 million as a fine on July 21, 2014 and fine of KRW 1.2 million on March 31, 2015, respectively, from the Western Branch of the Daegu District Court.

Nevertheless, at the date and place specified in Paragraph 1, the Defendant driven a car in B Sti-type without obtaining a driver’s license in the state of drunk alcohol concentration of 0.132%.

As a result, the defendant violated the prohibition of drinking driving regulations not less than twice, driving a motor vehicle under the influence of alcohol in violation of the above regulations again, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Judgment.

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