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(영문) 창원지방법원 2013.07.23 2013고단745
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2008, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act. On September 14, 2010, the Defendant received a summary order of KRW 3 million from the Busan District Court to a fine for a violation of the Road Traffic Act.

1. Violation of the Road Traffic Act (AFS) by the Defendant is a person who is engaged in driving a B carone car.

On February 18, 2013, the Defendant driven the said car at around 22:15, while driving the car and driving it with a blood alcohol concentration of 0.110%, without a car driver's license, led to a change of the two-lane line, while driving the road of four-lanes in front of the Changwon tunnel (Gu Changwon tunnel) management office, which is located in the Changwon-gu, Busan Metropolitan City, Seogsan-si, in a non-gu, Changwon-si, in a three-lane way in front of the Changwon-gu.

In such a case, the defendant had a duty of care to give prior notice of change of course with direction direction etc. and to change the vehicle line in the situation of traffic in the front and rear.

Nevertheless, the Defendant neglected this and neglected to change the course in the next two-lanes, which was driven by the victim C while driving in the next two-lanes, brought down the front side part of the Dpote car to the left side of the Defendant’s vehicle and brought down the front side part of the Dpote car.

Ultimately, the Defendant, by such occupational negligence as above, escaped without taking necessary measures, such as destroying the repair cost of the car owned by the victim to the extent equivalent to KRW 490,332, such as the front driver, and confirming the degree of damage.

2. Violation of the Road Traffic Act (driving) and the Road Traffic Act (Free Driver’s License) were driven by the Defendant without a driver’s license on the date and time set forth in the preceding paragraph, for about 3 km sections from the parking lot under the top-down distance of ancient-do, Sungwon-gu, Sungwon-si, Changwon-si, under the influence of alcohol by 0.10% of the blood alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement 1.

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