(영문) 대구지방법원 김천지원 2018.11.20 2018고단1018

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(영문) 대구지방법원 김천지원 2018.11.20 2018고단1018

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for six 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. On August 30, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol level of 0.06% while under the influence of alcohol level of 0.06% without obtaining a driver’s license from the front side of the Glocking Zone B of the Glocking Zone of the Sinsi-si around 12:35 on August 30, 2018 to the production of contact subsequent to the D in the Gunsi-si.

2. The Defendant is a person who is engaged in driving of a motor vehicle in the E SP area.

At the time of the date set forth in paragraph 1, the Defendant driven the above car at the time of the day set forth in paragraph 1, and led the front road set forth in paragraph 1 to the front side of the Gu and the front road from the Gu to the front side of the Si.

In such cases, there was a duty of care to prevent accidents in advance by accurately operating the brake system and safely driving the driver who is engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so, shocked the center of the Defendant’s front side of the Defendant’s vehicle, and continued to park on the opposite vehicle.

The G-learning car, the F-owned, was destroyed to repair the central separation of KRW 1,335,697 by shocking the left side of the G-learning car, and parked without taking necessary measures after the accident, even though it was destroyed to repair KRW 1,781,657.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver who takes driving, an inquiry into the results of crackdown on drinking and a report on actual condition;

1. Investigation report (with respect to the application of the above dmark formula to the person under investigation);

1. The driver's license ledger;

1. Written estimate;

1. Application of statutes on site photographs;

1. Article 148-2(2)3, Article 44(1) of the Road Traffic Act (the point of drinking), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the point of driving without a license), Articles 148, and 54 of the Road Traffic Act concerning criminal facts.

유사 판례

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