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(영문) 의정부지방법원 2016.09.08 2015고단4307

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 12, 2012, the Defendant issued a summary order of KRW 1,50,000,000 to a fine for a violation of the Road Traffic Act at the Jung-gu District Court on December 12, 2012, and on August 22, 2014, in the same court on August 22, 2014, the Defendant was sentenced to a suspended sentence of two months for imprisonment for a violation of the Road Traffic Act, and the sentence became final and conclusive on April 28, 2015.

1. The Defendant is a person who is engaged in driving a Cuba car.

On November 2, 2015, the Defendant driven the said car while under the influence of alcohol of 0.091% in blood alcohol concentration around 20:20, and driven the two-lanes in front of the Eju station in Gyeonggi-do Yangju City, along the two-lanes in front of the Eju station in Gyeonggi-do.

At night, it was not easy to secure a full-time night, so in such cases, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and properly operate the system and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving and received safety facilities at construction sites managed by the Victim Samtoa Co., Ltd. installed on the right side of the road in front of the passenger car of the Defendant.

Accordingly, even if the Defendant damaged the above safety facilities by occupational negligence, the Defendant immediately lowered the above safety facilities to the repair cost of KRW 495,000 and escaped without necessary measures, such as taking into account the situation of damage.

2. While the Defendant was under the influence of alcohol concentration of 0.091% at the above temporary border, the Defendant driven a grodial car from the front day of the Seoguri-ri Co., Ltd. in Yangju-si to the front day of the Donggdong-gu in Gyeonggi-do to the front day of the Donggdong-gu in Gyeonggi-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

"2016 Highest 3142" Defendant shall be the defendant on July 22, 2016.

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