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(영문) 춘천지방법원 속초지원 2019.09.18 2018고단134
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On May 1, 2015, the Defendant sentenced two years and six months to imprisonment with labor for habitual special larceny and violation of the Road Traffic Act (unlicensed Driving) at the District Court of Jung-gu District on May 1, 2015, and completed the execution of the sentence at a port prison on April 9, 2017.

【Criminal Facts】

The defendant is a person who is engaged in the operation of B windowatom 2.0S diesel cars.

1. On November 26, 2017, the Defendant violated the Road Traffic Act, the Road Traffic Act, and the Road Traffic Act (measures to be taken after an accident) (hereinafter referred to as the “Road Traffic Act”) operated the said vehicle under the influence of alcohol by 0.239% of alcohol concentration in blood on the blood on the 21st day of November 26, 2017, and led the front path of the house in C at the early stage from the side of the public apartment to the rear door of D High School.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by taking the front, rear, and left and right safely without drinking alcohol.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, went through a vehicle owned by the victim E, who was parked at the same place, and went back as is after receiving the part before the left-hand part of the Defendant’s vehicle. On the left-hand part of the victim’s HK5 car owned by the victim G that was parked at the same place, and received the part above-hand part of the Defendant’s vehicle into the front-hand part of the Defendant’s vehicle.

As a result, the Defendant destroyed the F-Wed vehicle owned by the Victim E with a view to the above occupational negligence of KRW 595,472, and escaped without taking necessary measures, such as immediately stopping the HK5 vehicle owned by the Victim G while destroying the repair cost of KRW 2,277,306.

2. Any person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, while the accused shall carry the mandatory insurance as stated in the above paragraph (1) at the time and place.

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