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(영문) 광주지방법원 2013.06.11 2013고단1262
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 9, 2007, the Defendant is a person who has the record of having received a summary order of KRW 2 million from the Gwangju District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act, and on June 14, 201, the above court issued a fine of KRW 3 million due to a violation of the Road Traffic Act.

At around 15:00 on March 7, 2013, the Defendant driven a BT XG car without obtaining a driving license from around 1.63 km section from the 15:00 road in Seo-gu, Seo-gu, Seo-gu, Gwangju to the Gicheon-dong road in Gwangju, and without obtaining a driving license, while under the influence of alcohol content of about 0.164%.

2. The Defendant is a person engaging in driving a vehicle B Twork XG.

On March 7, 2013, the Defendant driven the said car under the influence of alcohol without obtaining a driver’s license, as stated in Paragraph 1, around 15:00, while driving the said car, and driving the road of five-lanes near the Seo-gu Macheon-dong World department store in Seo-gu, Seo-gu along four-lanes between the teachers’ Mutual-Aid Association and the same.

Since the location is a place where the traffic of ordinary vehicles is high, a person engaged in driving motor vehicles has a duty of care to thoroughly and safely prevent accidents that require the driver to drive.

Nevertheless, the Defendant neglected this and failed to discover the E-Stop car owned by C while under influence without obtaining a driver's license as above, and thereby received the Defendant's vehicle back to the left-hand part of the vehicle in front of the right-hand side.

Ultimately, the Defendant did not stop and take necessary measures, even if the repair cost, such as the replacement cost, etc. after the above occupational negligence, is destroyed by approximately KRW 429,000.

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