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(영문) 청주지방법원 충주지원 2020.02.07 2019고단694

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 15, 2015, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and on September 21, 2016, the same court issued a summary order of KRW 5 million for the same crime. On July 11, 2019, the Defendant was sentenced to a suspended sentence of 8 months for the same crime at the Cheongju District Court, and the judgment became final and conclusive on July 19, 2019.

【Criminal Facts】

1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving of the crate B 2 freezing trucks.

On April 13, 2019, the Defendant obtained the driver's license on April 22, 2019, and proceeded with DNA delivery in the E-cafeteria, which is under the influence of 0.138% of blood alcohol concentration, from the E-cafeteria, to the D room.

At the time of the defendant's running direction, the vehicle is set up at the front of the driving direction of the defendant, and G human feet car is parked, which is owned by the victim F Co., Ltd., so in such a case, the driver of the vehicle has a duty of care to take into account the front side and the left side, to accurately manipulate the operation of the vehicle, and to prevent the traffic accident from being delayed.

Nevertheless, under the influence of alcohol, the Defendant: (a) obstructed the entry of the above vehicle and the victim’s right-hand part of the passenger vehicle are shocked in front of the left-hand part of the Defendant’s cargo vehicle; (b) destroyed the vehicle for the repair cost of KRW 484,000; and (c) did not take necessary measures such as immediately stopping the victim’s vehicle so that the repair cost can be avoided; and (d) escaped from the site without any necessary measures, such as immediately stopping the vehicle to check whether it is damaged.

2. The defendant violates the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) and the defendant shall be an Ecafeteria located in the Cheongbuk-gun C while under the influence of alcohol 0.138% of alcohol level without obtaining a temporary driver's license as referred to in the above paragraph (1).

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