beta
(영문) 수원지방법원안산지원 2020.11.12 2020고단1594

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On February 2, 2018, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Incheon District Court.

【Criminal Facts】

1. Around 23:20 on March 31, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.186%, and the Defendant driven the E K7 car at a section of about 100 meters from the location of the B complex to C in front of D located in the Silung City.

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

2. Violation of the Road Traffic Act (Measures Not to be Taken after Accidents) by driving a car such as the car as described in Paragraph 1 of the same Article at the same time as that set forth in Paragraph 1 of the same Article, the Defendant proceeded at a speed of about 30km per hour from the front of the G road located in FF to the seat of H apartment site at the speed of 30km.

A person engaged in driving motor vehicles has a duty of care to prevent accidents by accurately operating the operation and steering gear of the direction in which he/she intends to drive, and by accurately operating the operation and steering gear.

Nevertheless, the Defendant, as described in Paragraph 1, was parked on the right side of the progress direction due to the negligence of being driven by the Defendant, as described in Paragraph 1, led to the impact of the part of the P 10CC P owned by the victim, 2) Lsch Rexton car owned by the victim K, 3) None Star Car owned by the victim M, 4) None Star P, 100CC P owned by the victim P.

Ultimately, the Defendant, by occupational negligence, escaped from the site without taking necessary measures, such as destroying and damaging damaged vehicles so as to lead them to repair costs, or reporting the details of the accident to the police station.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of M, K,O, and I;

1. A survey report (1) (2), on-site photographs, notification of the results of the control of drinking driving, and records of the measurement of drinking;

1. Written estimate;

1. Previous convictions as indicated in the judgment: Criminal history records (A) and investigation reports (examination of the same kind of power) shall apply to the Acts and subordinate statutes;

참조조문