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(영문) 대전지방법원 홍성지원 2020.01.21 2019고단623

도로교통법위반(사고후미조치)등

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The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a B B B-S car.

On July 4, 2019, the Defendant operated the said car at around 00:15, and continued D's front road in Chungcheongnam-nam Budget Group C from red flooding to the Eup of the budget.

At the time, there are nights and other automobiles parked on the roadside, so in such a case, there was a duty of care to prevent accidents in advance by driving the driver of the vehicle well by accurately operating the steering and steering system, and operating it safely.

그럼에도 피고인은 이를 게을리 한 채 술에 취해 전방과 좌우를 잘 살피지 아니하고 조향 및 제동장치를 정확하게 조작하지 아니하고 그대로 진행한 과실로, 진행방향 우측 전방에 주차되어 있던 피해자 E 소유의 F 포터∥ 화물차의 뒷부분을 위 소나타 승용차의 앞 범퍼 부분으로 들이받고, 그 충격으로 위 화물차로 하여금 그 전방에 주차되어 있던 피해자 G 소유의 H 올란도 승용차의 뒷부분을 들이받게 하였다.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the car to cover approximately KRW 7,157,525 of the repair cost, and attempted to flee without immediately stopping the car and taking necessary measures, even though the car was damaged to cover KRW 851,178 of the repair cost.

2. On July 4, 2019, the Defendant violated the Road Traffic Act (refluence of the noise measurement) by causing an accident as described in Article 1(1) of the Road Traffic Act at the J located in Chungcheongnam-nam Budget-gun, and upon receiving a resident’s report, and there is considerable reason to recognize that the Defendant was driven under the influence of alcohol by not later than three times until 00:58 of the same day, on the grounds that there is a reasonable ground to believe that the Defendant was driven under the influence of alcohol, such as drinking, drinking, and walking, from the slope belonging to the K Zone of the Budget Police Station, which was called upon by the residents.

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