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(영문) 광주지방법원 2020.01.09 2019고단4747
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months, and a fine of two hundred thousand won.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 26, 2009, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 5 million by the same court on September 25, 2013, respectively.

【Criminal Facts】

1. The Defendant is a person engaging in driving service of BPoter Ⅱs.

On October 29, 2019, the Defendant driven the above cargo vehicle on October 29, 2019, and led to the progress of the road in front of the DNA Party in Gwangju Mine-gu C.

At the time, there was a vehicle parked on the right side of the defendant's proceeding, so the person engaged in driving a motor vehicle has a duty of care to live well on the front side and the left side and drive the motor vehicle safely.

Nevertheless, while under the influence of alcohol, the Defendant’s negligence of driving the front door and left door and left door without properly driving the Defendant’s driving, caused the front door part of the passenger car owned by the victim E, which was parked on the right side of the Defendant’s driving direction, to shock the front door part of the Defendant’s passenger car with the front door part of the victim’s driving car, thereby damaging the victim’s repair cost to reach an amount equivalent to KRW 393,248.

2. Around October 29, 2019, the Defendant was under influence of alcohol at approximately 0.168% in blood alcohol concentration, the Defendant driven a BPoter-II truck in the section of about 5 km from the roads adjacent to the Gwangju Airport located in the Gwangju Mine-dong, Gwangju, to the roads adjacent to the Dive Party located in the same Gu C, while driving around around 0.168% in alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking alcohol;

1. Written estimate;

1. On-site photographs, on-site inspection photographs, and CCTV pages;

1. Previous convictions in the judgment: Criminal history records and investigation report [the confirmation of the same criminal records (the attached summary order), the judgment, and the summary order].

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