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(영문) 광주지방법원 2015.08.13 2015고단1727
도로교통법위반(사고후미조치)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On April 20, 2015, the Defendant violated the Road Traffic Act (Inception measures) (on April 20, 2015, the Defendant driving a Bschton car with the blood alcohol concentration of 0.150% under the influence of alcohol without obtaining a driver’s license, and driving the road without the front line of the “Dcafeteria” located in Gwangju Southern-gu C at a speed of about 30 km in speed from the area of the Seosan farm restaurant to the area of the city-speed restaurant.

There have been many vehicles parked on both sides of the road on the side-road, so in such a case, there was a duty of care to take a person engaged in driving duty into account the front-way and the left-way, to accurately manipulate the steering direction and the brake system, and to prevent accidents from occurring.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol, and neglected to do so, received the part on the left-hand part of the E-owned F car, which was parked on the right-hand side of the Defendant’s running direction, and the part on the upper-hand part of the Defendant’s driving vehicle and the pentum part.

Ultimately, even though the Defendant damaged the damaged vehicle in a amount equivalent to KRW 937,590 of the repair cost by occupational negligence above, the Defendant left the site as it is and did not take necessary measures to ensure smooth flow of road traffic and prevent danger.

2. Violation of the Road Traffic Act and the Road Traffic Act (Free Driver’s License) were driven by the Defendant from the front of the restaurant “fluence fluorium” located in the south-gu Seoul Metropolitan City, Nam-gu, without obtaining a temporary driver’s license for driving under paragraph (1) of this Article, to approximately 800 meters away from the section of 800 meters, to the front road of the Southern Maul rice Duom, which is located in the same wing-gu, Nam-gu, Gwangju, without obtaining a temporary driver’s license for driving.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to survey reports on actual condition, evidence photographs, reports on detection of a de facto driver, reports on circumstantial statements of a de facto driver, registers of driver's licenses, and written estimates;

1. Relevant provisions of the Road Traffic Act concerning facts constituting the crime; and

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