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(영문) 서울동부지방법원 2020.05.13 2020고단387

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

The defendant is a person who is engaged in driving of Bchip motor vehicles.

1. On July 19, 2019, the Defendant operated the said car under the influence of alcohol concentration of 0.134% on blood alcohol around 23:52 minutes, and led the Defendant to drive the said car according to three-lanes of the 240-day Seoul Olympic Games, Songpa-gu, Seoul, along with the temporarily stored distance from the locked 3 remote area.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to report the surrounding traffic conditions well and to prevent accidents in advance by safely driving it.

Nevertheless, under the influence of alcohol, the Defendant, while changing the vehicle from three lanes to four lanes, was driven by the victim C (Nam, 32 years old) who was under a stop pursuant to the new subparagraph, and was driven by the Defendant. The Defendant was placed in front of the left-hand part of the D Tbluri vehicle driving by the Defendant.

Ultimately, the Defendant destroyed a car at the above Tbluri rate by occupational negligence as above, and immediately stopped the car and left the site without taking necessary measures, so that the amount equivalent to KRW 504,500 is equal to the repair cost.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time and time set forth in the preceding paragraph, the Defendant driven a franchise vehicle under the influence of alcohol with a blood alcohol concentration of about 0.134% at the section of about 1km in the section of about the same 1km from the insular area of Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the "Saak-gu") to the 240-salym in the

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. Each written statement of C;

1. The report on the actual situation of a traffic accident, the report on the occurrence of a traffic accident, the report on the actual state of a drinking driver, and the report on the results of the drinking driving control; and

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