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(영문) 대전지방법원논산지원 2020.11.24 2020고정62

도로교통법위반(사고후미조치)등

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Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 12, 2020, the Defendant, while under the influence of alcohol on March 12, 2020: (a) around 00:12, the Defendant driven a C Ecoos car at the frequency parking lot in the Jung-gu Daejeon Special Metropolitan City, Daejeon, from around 40km to the front road in Seosan City.

2. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving a CFS car.

On March 12, 2020, the Defendant driven the said car under the influence of alcohol level of 0.046% on blood alcohol level on March 12, 2020, and driven the front road B at a speed that is impossible to identify two-lanes depending on the public sports ground area from the chill road to the public sports ground area.

In such cases, the defendant engaged in driving service has a duty of care to safely drive the steering and steering gear by properly operating the steering and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to enter the right side of the course of the collision, was placed on the left side of the victim D (ma, 38 years old) driving while stopping in order to enter the right side of the direction of the collision. The Defendant received the left side part of the victim D (ma, 38 years old) driving in the front part of the said Eccoo vehicle.

Ultimately, even though the Defendant caused a traffic accident by negligence in the course of business as above, and destroyed the car to be scrapped as an impossible repair, the Defendant did not immediately stop and take necessary measures.

Summary of Evidence

1. Statement of statement made by the police about D with the second trial date, the second trial date and the statement made by the defendant;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.