도로교통법위반(사고후미조치)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Since the defendant is led to confession, it shall be stated that the same method as “(see, e.g., the page of the evidence record)” should be stated below.
Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.
On April 10, 2018, the Defendant issued a summary order of KRW 3,000,000 as a crime of violation of the Road Traffic Act (driving) at the Chuncheon District Court on April 10, 2018 (see, e.g., evidence records) (see, e., Supreme Court Decision 2018Da5466).
Criminal facts
1. Around 00:04 on April 22, 2020, the Defendant, while under the influence of alcohol at 0.083% (see, e.g., evidence No. 23) of blood alcohol level, driven the E-learning vehicle over approximately two km from the front of the “C” building in Chuncheon City B to the front road of D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. The Defendant is a person engaging in driving of a motor vehicle driving the frighting motor vehicle.
The Defendant operated the Mancheon-si Building in F in the Chuncheon City by driving the Manning Motor Vehicle as set forth in paragraph (1). The Defendant was proceeding in front of the “G” building from the Chuncheon prison room to the H apartment room.
At the time, it is a road that has been parked on the side of the road at night and there are many vehicles parked therein, so in such a case, a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering direction and brake system and prevent accidents in advance by driving it accurately and safely.
Nevertheless, the Defendant neglected this and proceeded as it is under the influence of alcohol, and the part of the J Hachi motor vehicle owned by the victim I, which was parked in the front bank, is behind the direction of the driver's seat of the J Hachip motor vehicle.