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(영문) 인천지방법원 부천지원 2020.06.24 2020고단129
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. Around 01:20 on December 31, 2019, the Defendant driven C rocketing car under the influence of alcohol with a blood alcohol concentration of 0.098% from the section of approximately 1.8 km from the section of the Kimpo-si to the front road of the construction site of the apartment construction site of Kimpo-si, Kimpo-si, Kimpo-si.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

2. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a rocketing car.

The Defendant, while under the influence of alcohol concentration of 0.098% on the date and time set forth in paragraph (1), driven the said car and driven the road in front of the new apartment construction site set forth in paragraph (1) from the old direction to D one lane.

At night, there were nights, and the center line was installed in the center, so there was a duty of care to accurately manipulate the steering gear to prevent accidents and prevent accidents.

Nevertheless, the Defendant neglected this and did not accurately operate the steering gear under the influence of alcohol as above, and caused the centralized separation zone installed at the center line of the Defendant’s running direction to the front part of the passenger vehicle’s driving direction.

Accordingly, even though the Defendant damaged the central separation zone by negligence in the course of performing the above duties, the Defendant did not immediately stop and take necessary measures to prevent and eliminate traffic hazards and obstacles.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Notification of the result of crackdown on drinking driving;

1. An accident site photograph;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant provisions of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, and Article 148-2 of the Road Traffic Act concerning criminal facts;

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