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(영문) 대전지방법원 2017.05.26 2017고단657

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

On February 2, 2010, the Defendant was punished by a fine of two million won for a violation of road traffic law at the Daejeon District Court on February 2, 2010, and a fine of five hundred thousand won for a violation of road traffic law at the Daejeon District Court on July 20, 2007.

1. The Defendant is a person engaging in driving a B-cruise vehicle.

On November 21, 2016, the Defendant driven the said car under the influence of alcohol content of 0.139% during blood at around 00:40 on November 21, 2016, and driven the said car at a 30-lane change of Dog-ro 30 in Seo-gu Daejeon, Seo-gu, Seo-gu, Seo-gu, and led the housing to proceed at the eternal speed from the her mountain.

Since there was a narrow road where a vehicle was parked on the side of the road, there was a duty of care to prevent accidents in advance by accurately manipulating steering devices and brakes.

Nevertheless, under the influence of alcohol, the Defendant got off the right side part of DK5 car owned by the victim C, which was parked on the left side of the road due to the negligence of driving without due care for the front side of the road, into the right side part of the Defendant, and continued to be parked on the front side of the above K5 passenger car owned by the victim E, which was parked on the front side of the said K5 passenger car.

Ultimately, the Defendant, following the above K5 vehicle, destroyed the above MV vehicle to use the repair cost of KRW 495,608, such as the car plate, and left the scene without taking necessary measures when a traffic accident occurs, even though it damages the repair cost of KRW 11,061,740, such as the exchange of fences, etc.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B cruise car under the influence of alcohol with 0.139% alcohol concentration in blood at the date and place specified in paragraph 1.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act on two occasions, was driving a motor vehicle under the influence of alcohol.