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(영문) 청주지방법원 2020.08.18 2020고단884

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 31, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Cheongju District Court on December 31, 2009. On August 38, 2011, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for the same crime in the same court.

1. The Defendant is a person who is engaged in driving of BPoter Ⅱs.

On February 2, 2020, the Defendant driven the above vehicle on February 22, 2022:25, and driven the above vehicle into the one lane from the two-lane boundary to the one-lane boundary while driving the road in front of the boundary line, which is in a considerable area of the Cheongju-si, Cheongju-si.

In this case, a driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle is obliged to properly take into account the traffic situation on the front side and right side and right side.

Nevertheless, when the Defendant neglected this and negligently changed the vehicle line as it is, the Defendant received the front part of the D Bus driving by the victim C, who was operating in the same direction as that of the said cargo vehicle in the same direction, as the left side of the said cargo vehicle.

Ultimately, the Defendant: (a) destroyed a bus driven by the victim due to such occupational negligence in order to maintain the repair cost of KRW 638,660; (b) left the scene without immediately stopping the bus; and (c) left the site without taking necessary measures.

2. On February 22, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven by Category B cargo vehicles with a blood alcohol concentration of 0.071% in the condition of being drunk on February 2, 2020, and led to the flown-school distance in the Cheongju-si, a considerable range of Cheongju-si, a flown-school car in the Cheongju-si.

In such a case, there was a duty of care to prevent accidents by accurately manipulating the steering gear of the vehicle and accurately manipulating the steering gear of the vehicle.

Nevertheless, the Defendant neglected to do so under the influence of alcohol, and is negligent in proceeding with it.