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(영문) 대구지방법원 김천지원 2018.09.12 2018고단636

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not less than eight months.

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. A person who has violated the Road Traffic Act (after-accident) is a driver of a passenger car with C investment vehicle.

On May 26, 2018, the Defendant driven the said car under the influence of alcohol level of 0.111% among blood transfusions on May 26, 2018, and led to a change in the course while driving it along the two-lanes from the dynamic distance room of the Dong-dong Do, U.S., a city of Gu and U.S., along the two-lanes.

In this case, there was a duty of care to prevent a person engaged in driving of a motor vehicle from passing through a vehicle in normal course by properly examining the traffic conditions of the vehicle intended to change course.

However, the part on the left side of the E-si driving of the victim D, which was under the same direction by negligence and by negligence changing the course as it is, conflicts with the front side of the driver's car.

Ultimately, even though the Defendant caused damage to KRW 554,596 of repairing costs, such as door sales, to a taxi owned by the victim due to such occupational negligence, the Defendant did not immediately stop the taxi and did not take necessary measures, such as checking the status of damage.

2. The Defendant received, respectively, a summary order of KRW 1.5 million from July 3, 2015, on the grounds that the Defendant violated the Road Traffic Act in the Daegu District Court Kimcheon-cheon, for a violation of the Road Traffic Act (driving). < Amended by Act No. 854, Jul. 13, 2007>

Although there was a violation of the provision on prohibition of drinking driving twice or more as above, the Defendant driven a motor vehicle with the highest alcohol level of about 6 km from the front side of the jum cafeteria, which is 199, in the city of Si/Gu, to the front side of the gas station in the Gu/U.S. 18, the Gu-U.S. Do-U.S. Do-U.S. 11% under the influence of alcohol level of about 0.11%, from the 6km section of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report, photographs, and accident scene photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Written estimate;

1. Previous convictions: Criminal history, etc.;