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(영문) 창원지방법원 2016.04.28 2016고단339
도로교통법위반(사고후미조치)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 20, 2009, the Defendant received a summary order of fine of one million won or more due to a violation of road traffic laws at the Changwon District Court on July 20, 2009, and a summary order of 3.5 million won or more due to the same crime at the same court on August 10, 2015.

The defendant is a person engaged in driving benz vehicles.

On November 29, 2015, the Defendant driven the above vehicle under the influence of alcohol level of 0.096% in blood at around 04:00 without obtaining a driver's license for a motor vehicle, and driven the above vehicle under the influence of alcohol level of 0.096% in the blood, and proceeded to turn to the left from the right edge of the 101 Tri-gu Yan apartment road of the 101 Tri-gu, Sung-gu, Sung-si, Sung-si, the 101-ri, Han-ri, the Defendant was driving the vehicle under the influence of alcohol level of 0.0% in blood.

At the time, there are nights and two lanes in front of the above apartment 101, and there are parked vehicles, so there was a duty of care to look at the front and right of the person engaged in the business of driving the motor vehicle well, and to accurately operate the steering and brakes and prevent accidents in advance.

Nevertheless, by negligence, the defendant neglected this and proceeded in the two-lanes of the above apartment complex 101, the defendant took the side of the right side of the vehicle C, which was parked in the above two-lanes of the above apartment complex, into the front side of the defendant's vehicle, and continued to be parked in the front of the above-mentioned vehicle, the back side of the FK5 vehicle of E, which was parked in the front of the above-mentioned vehicle.

Ultimately, the Defendant did not take necessary measures, such as immediately stopping the said K5 vehicle and confirming the degree of damage, so that the amount of damage would be equivalent to KRW 4,385,691 due to the above occupational negligence. The Defendant did not immediately stop the said K5 vehicle with the repair cost of KRW 468,308.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of each traffic accident in preparation C and E;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. A written estimate;

1. Photographs;

1. The application of the Act and subordinate statutes to inquire about criminal history, previous convictions, and results of confirmation.

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