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(영문) 광주지방법원 2014.07.02 2014고단1571
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

[Criminal Power] On June 5, 2013, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act at the Gwangju District Court on the same day, and a fine of KRW 4 million for the same crime at the same court on September 13, 2013.

【Criminal Facts】

The defendant is a person who is engaged in driving CK5 cars.

On January 24, 2014, the Defendant driven the said car under the influence of 0.140% of alcohol concentration without obtaining a driver’s license at around 04:50 on January 24, 2014, and led the said car to the right bypassing from the side of the 5/18 Student Culture Center to the direction of the regular course at the speed of 0.140% as the regular course of Gwangju Seo-gu.

At the time, there was a night and there was a center line of yellow solid lines at that time, so there was a duty of care to look at the right and the right of the driver of the motor vehicle well and to safely drive the motor vehicle with the duty to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and went away without taking any measures to remove obstacles to road traffic even though he was able to destroy the shower car in front of the Defendant’s car and damaged 419,816 won, such as the repair cost of the shower car, in front of the Defendant’s car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Written estimate;

1. Application of investigation reports (former and confirm), and summary order Acts and subordinate statutes;

1. Article 152 subparagraph 1 of the corresponding Act on the crime, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 148, and Article 54 (1) of the Road Traffic Act (the point of a measure not taken after destroying or damaging things);

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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