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(영문) 광주지방법원 2016.10.13 2016고단2887
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AF) by the Defendant is a person who is engaged in driving service of B physical-person car.

On June 15, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.172% of blood alcohol level around 23:30, and turn to the left from the front side of the Gwangju Mine-gu to the Haju Airport at the lower side of the Gwangju Mine-gu.

At the time, since at night and there are many vehicles parked on the left and right side, there were duty of care to prevent accidents by safely proceeding with the driver, such as accurately operating the steering direction and brakes while driving slowly, and thoroughly operating the steering staff.

Nevertheless, the Defendant neglected to make a left-hand turn due to the negligence of failing to properly handle hand-on hand, and took part of the top-hand part of the E rocketing car owned by D, which was parked on the left-hand side of the running vehicle of the Defendant, into the front-hand part of the Defendant’s driving vehicle, and then got the front-hand part of the F-owned Gbeet or car parked later, and became the front-hand part of the said F-owned Gbeet or car parked later.

Ultimately, the Defendant did not take necessary measures to ensure the smooth flow of road traffic and to prevent danger by leaving the site without any measure despite destroying the said Berne car to the extent equivalent to KRW 1,68,038,00,000 for repairing the said rocketing car by occupational negligence.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said vehicle at the time and place as stated in paragraph (1) and was temporarily stopped after causing the traffic accident, and re-stopping thereafter.

In such cases, the driver shall confirm the safety of the vehicle, such as whether or not the vehicle is opened, and whether or not there is any obstacle or person around the vehicle.

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