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(영문) 대전지방법원 공주지원 2016.09.23 2016고단209
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On May 27, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law (drinking) at the Daejeon District Court on August 27, 2009. On January 20, 2012, the Defendant was sentenced to a fine of two hundred and five million won for the same crime in the official housing support of the Daejeon District Court.

[Criminal facts] The Defendant is a person who is engaged in driving a car at the fourth city.

1. On June 14, 2016, the Defendant: (a) driven the vehicle in a state of alcohol alcohol alcohol level of approximately 500 meters from the D dormitory front of the D dormitory in Chungcheongnam-gun, Chungcheongnam-gun, Cheongyang-gun, Cheongyang-gun, to the intersection of the F.m. in E, at approximately 0.091% from the D dormitory in his blood alcohol level; and (b) driven the vehicle in a state of alcohol level of about 0.091%.

Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol not less than twice” and driven a motor vehicle under the influence of alcohol in violation of the same provision.

2. On June 14, 2016, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) driven the above-mentioned vehicle at a speed of about 60km from the 119 center to the direction of the 119 center in the settlement of the 1-lane E-Do road in Chungcheong-gun, Chungcheongnam-do.

In this case, the driver of the motor vehicle has a duty of care to accurately operate the steering gear, brakes and other devices of the motor vehicle in the case of the driver of the motor vehicle, and to safely drive the traffic situation and prevent the accident in advance.

Nevertheless, the Defendant neglected such duty of care and neglected the duty of care in the front direction while driving under the influence of alcohol as set forth in Paragraph 1 of the above, caused the Defendant to take the concession sign installed on an intersection traffic island as the front part of the Defendant’s vehicle, write the traffic sign on the road, and the Defendant’s vehicle stopped on the road with a part of the traffic island.

3.2

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