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(영문) 청주지방법원 2018.06.15 2018고단642

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 30, 2009, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act (drinking) at the Cheongju District Court on December 30, 200, and a fine of KRW 2 million for the same crime at the same court on November 26, 2013, respectively.

On January 9, 2018, while under the influence of alcohol content of 0.056% during blood transfusion, the Defendant driven B-II cargo vehicle from the front side of a jun-si in a Cheongju-si and a considerable area of Cheongju-si to the front side of the Sejong church located at approximately 243 mn-ro 7 in the Cheongju-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle while under the influence of re-driving.

2. The Defendant is a person who is engaged in driving of the BPoter-II trucking vehicle.

On January 9, 2018, the Defendant driven the above car at around 21:20, while driving the car at around 21:20, the Defendant continued to drive the car at a height of 243 p.m. among the considerable districts of the Cheongju-si, and the way in front of the three-dimensional church, from the c.m. room to the gold-dong screen.

At the time, it was difficult to reduce the length in the state of snow, so a person engaged in driving service has a duty of care to accurately operate the steering gear and brake system and to safely proceed by adjusting the speed in advance.

Nevertheless, under the influence of liquor, the Defendant neglected to take a sudden action, and turned off the above vehicle on the way, and got off the center line due to negligence, and received the front part of the victim CMF5 car, which was under way, from the right side of the truck of the Defendant.

Ultimately, the Defendant, by occupational negligence above, destroyed the car of the victim to be equivalent to KRW 6,409,70,00 of the repair cost, but did not immediately stop the car and did not take measures to remove traffic obstacles.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspect C by the police;