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(영문) 대전지방법원 2020.09.10 2020고단2743

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On October 19, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.155% around 08:17, while under the influence of alcohol, and led to a four-lane road in front of the Daejeon Pungdong C apartment, one-lane away from the basin of the hot spring distance to the surface of the D University.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the steering gear accurately, and caused the plastic structure of the central separation zone to be demoted to the front part of the left side of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the intermediate waterway, etc., and left the site without immediately stopping and taking necessary measures, even if it damages the middle street, etc. to the sum of the repair cost of KRW 2,938,430.

2. Violation of the Road Traffic Act (MM5 vehicle) was driven by the Defendant while under the influence of alcohol of about 0.15% of alcohol concentration at the section of approximately 2.5 kilometers from the front of the F in Seo-gu Daejeon, Daejeon to the location of the accident described in paragraph (1).

Summary of Evidence

1. Statement of the police officer concerning G's legal statement of the defendant, the oral statement of the driver;

1. Application of Acts and subordinate statutes to a report on investigation into the actual condition of a traffic accident, a report on internal investigation (report on the situation of a driver) and a report on internal investigation (report on a black stuff image), a report on the driving of drinking alcohol, a report on the results of the control of drinking, and a

1. Relevant provisions of the Act on the Crime, Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after accidents), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of driving under the influence of sound) and the choice of punishment for the crime, respectively;