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(영문) 광주지방법원 2020.05.14 2020고단1095
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 16, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a vehicle BAD A8 vehicle.

On January 7, 2020, the Defendant driven the said car under the influence of alcohol level of 0.084% on blood alcohol level around 19:16, and led to the driving of the said car in front of Dridge C in Gwangju Mine-gu, according to one-lane from E apartment room to F apartment room.

There are two lanes, where the center line of yellow solid lines is installed, and in the opposite lane, the vehicle was driven in the opposite lane, so in such a case, the driver of the vehicle has a duty of care to safely pass along the right side of the center line and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and, while he was followed by the H Lone Star passenger car driven by the injured party G, faced with the sudden central line and attempted to overtake in the future of the said Lone Star passenger car by negligence, and conflict with the Defendant’s vehicle left right side and the part above the left side of the said Lone Star passenger car with the pent part.

Ultimately, even though the Defendant caused damage to KRW 1,415,962 of the repair cost by occupational negligence, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim.

2. Around 19:00 on January 7, 2020, the Defendant driven a car in the state of alcohol of about 9k alcohol level 0.084% from the section of approximately 9km from the front of the I market in the Gwangju Mine to the front of the J road in the Gwangju Mine-gu around 19:20 on the same day.

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

Summary of Evidence

1. The defendant;

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