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(영문) 대전지방법원 2020.05.07 2019고단4554
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

Criminal facts

On September 4, 2007, the Defendant was notified of a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court's Incheon District Court's branch court.

1. On November 7, 2019, the Defendant violated the Road Traffic Act (not taking measures after accidents) by driving the said vehicle at around 00:22, a person engaged in driving a B low-speed motor vehicle, driving the said motor vehicle at around 00:0,000, while driving the said motor vehicle at around the rear part of the Defendant’s driver’s vehicle, driving the street-distance intersection from the Han-gu, Daejeon Ped Han-gu along three-lanes to the tunnel. In this case, the vehicle was an intersection where a signal, etc. was installed, and in such a case, the driver of the motor vehicle was at the intersection where the signal, etc. was installed, despite the duty of care to care to make the front part of the Defendant’s driver’s vehicle and to safely drive the motor vehicle pursuant to the new subparagraph due to the direct negligence in violation of the signal, so that the repair cost is KRW 230,000,000,000 of the left side of the Defendant’s driver’s vehicle, and did not immediately stop and take necessary measures to ensure prevention and smooth escape.

2. The Defendant violated the Road Traffic Act (driving) driving the automobiles described in the above paragraph (1) from the F in Seo-gu, Daejeon to about 5 km, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, to the Seosansan Tri-dong, under the influence of alcohol by 0.182% of the blood alcohol concentration at the time and time stated in the above paragraph (1).

Accordingly, the Defendant was driving in violation of the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A circumstantial statement of a drinking driver;

1. Relevant images;

1. Previous convictions in judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of the Act on the Crime, Articles 148 and 54 (1) of the Road Traffic Act that apply to the choice of punishment, Articles 148 and 54 (1) of the Act on the Election Traffic, Articles 148-2 (1), 44 (1) of the Road Traffic Act (the point of sound driving), and each of them

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