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(영문) 대전지방법원공주지원 2020.12.15 2020고단486
도로교통법위반(사고후미조치)등
Text

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.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle B high-speed (accident).

On August 19, 2020, the Defendant driven the above car on August 15:23, 2020, and led D's front road in Chungcheong-gun C to E from the direction of the settlement district to E.

Since there were a large number of vehicles around the time, there were duty of care to prevent accidents by accurately operating the steering gear.

Nevertheless, while under the influence of alcohol content 0.187%, the Defendant did not operate the steering gear accurately at the time, and did not immediately stop the vehicle to the left side of the victim F, which was parked on the left side of the Defendant’s driving direction, and to damage the said vehicle in an amount equivalent to KRW 1,805,814, and continued to flee without taking necessary measures, by shocking the victim’s wing Class III cargo vehicle owned by G, thereby damaging the said vehicle to have approximately KRW 700,000 of the repair cost.

2. On August 19, 2020, Defendant 1, at around 15:23, 202, driven a B low-speed car with approximately 3 km section from the road near the bus terminal for settlement of accounts in Chungcheongnam-gun, Chungcheongnam-gun, to the first road located in H, while under the influence of alcohol content of 0.187%.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement of the defendant with respect to F's legal statement, investigation report, enforcement record, circumstantial statement of the host driver, investigation report, written estimate on the scene of the accident (on the accident site cctv) and investigation report (on the accident site cctv);

1. Relevant provisions of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment for each of them;

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