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(영문) 대구지방법원김천지원 2020.09.16 2020고단355

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a Brane car.

On January 23, 2020, the Defendant driven the said car under the influence of alcohol 0.138% with a blood alcohol concentration around 00:40,00, and continued to drive the said car in front of the studio C Studio in the Eth page in D.

At night, since it was difficult to view the accident at night, a person engaged in driving a motor vehicle had a duty of care to prevent the accident by accurately manipulating the steering and steering devices.

Nevertheless, the Defendant neglected this and went beyond the front part of the car on the right side due to the negligence of being driven by the Defendant.

The Defendant did not immediately stop and take necessary measures, even though the former owner of the G-gu branch office in charge of G-gu was damaged by the foregoing occupational negligence to have approximately KRW 925,00,000 for repair expenses.

2. On June 22, 201, the Defendant was given a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-cheon Branch on June 22, 201.

At around 00:40 on January 23, 2020, the Defendant driven the said car under the influence of alcohol content of about 0.138% from the 1.5 km section to the J’s front road of the I cafeteria located in the Gu-U.S. SiH.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, the actual condition survey report, and estimates;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previouss before judgment: Criminal records, references to criminal records, amounts of dispositions, and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148, 54(1) of the Road Traffic Act that applies to the choice of punishment, and Articles 148-2(1) and 44 of the Road Traffic Act.