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(영문) 대구지방법원 김천지원 2020.04.28 2020고단42
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

[Criminal Power] On September 5, 2012, the Defendant was issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

To the extent that the identity of facts charged is recognized and the defendant's right to defense is not infringed, some of the facts charged shall be corrected and recognized. The defendant is a person engaged in driving BM5 vehicles.

1. Around 21:55 on December 22, 2019, the Defendant violated the Road Traffic Act (measures to avoid accidents) driving the said car on the front road located in the Gu, Si, Si, Gu and Si, and led the Defendant to drive the said car on the front side of the D, which is located in the Gu, Si, Gu, Si, and Gu.

In this case, the driver of the vehicle has a duty of care to prevent accidents in advance by properly operating the steering gear and steering the steering gear.

Nevertheless, under the influence of alcohol level of not less than 0.03%, the Defendant was negligent in neglecting it and neglecting the front city in the front bank and not operating the brakes properly, and received the back part of the said SM5 vehicle with the front part of the said SM5 vehicle parked by G (W, 37 years old).

Ultimately, the Defendant, by the above occupational negligence, destroyed the car of 2,197,798 won of the repair cost, and left the site without immediately stopping and taking necessary measures.

2. On December 22, 2019, the Defendant: (a) driven the said vehicle under the influence of alcohol with a blood alcohol concentration of at least 0.03% from the section of about 1km from the front road of the I-Si, Gu, Si, Gu, Si, to the same city F apartment parking lot; and (b) around 21:55, the Defendant driven the said vehicle under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of J and G;

1. A report on the occurrence of a traffic accident, a site photograph of the accident, and a report on internal investigation (with respect to the case of drinking, drinking, and drinking);

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