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(영문) 수원지방법원 성남지원 2021.02.04 2020고단2446

도로교통법위반(사고후미조치)등

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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

1. On June 16, 2020, the Defendant violated the Road Traffic Act (after-accidents), driving a Bchip car around 05:14, and driving the Bchip car along the three-lane road in front of Gwangju City along the two-lane two-lanes from the Sungnam-si to the two-lanes.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes to those engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected this and driven while under the influence of 0.124% alcohol level in blood, and was installed in front of a roadside rest place in front of the Defendant’s direction, due to negligence in driving while under the influence of alcohol level 0.124%.

The PE defense wall was received from the right side of the car driving by the defendant.

Ultimately, the Defendant, by occupational negligence, destroyed the above protective wall amounting to approximately KRW 4,591,437, and escaped without immediately stopping and taking necessary measures.

2. On January 21, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act by means of a driving method at the source of a water source.

The Defendant was in violation of Article 44(1) of the Road Traffic Act not less than two times by driving Bhodo under the influence of alcohol concentration of 0.124% from the influent land of Yeonsu-gu Incheon Metropolitan City to the front road of Gwangju City, Incheon Metropolitan City, thereby violating Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual occurrence of a traffic accident and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Written estimate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148 of the relevant Act and Articles 54(1) of the Road Traffic Act (the occupation of measures that are not taken after the destruction of goods and the choice of imprisonment) concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the occupation of drinking and the driving of drinking);