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(영문) 대전지방법원 천안지원 2020.02.21 2019고단3136
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The defendant is a person who has been sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act at the Ansan District Court's Ansan on February 5, 2009.

On November 16, 2019, at around 01:20, the Defendant driven a motor vehicle with C low-speed in the state of alcohol alcohol concentration of about 0.197% at a section of about 100 meters in front of the previous B apartment at the two-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu.

Accordingly, the defendant was a person who violated the prohibition clause of drunk driving twice and driven a motor vehicle under the influence of alcohol.

2. The Defendant violated the Road Traffic Act at around 02:20 on November 16, 2019, driving a vehicle with C highest Preferred PP, thereby allowing the Defendant to drive a road on the road in Seo-gu, Seo-gu, Seocheon-gu. B apartment complex.

At the time, the apartment complex is located at night, and in this case, there was a duty of care to prevent accidents in advance while driving a person engaged in driving a motor vehicle with a prior care.

Nevertheless, the Defendant left the scene without taking any measures, such as taking the front left part of the vehicle owned by the victim E, which was parked on the left side of the front side by negligence without discovering a vehicle parked under the influence of alcohol, and destroying the front part of the vehicle to the left side of the front part of the vehicle, and failing to provide personal information.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. The actual condition survey report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Photographs of the accident site;

1. Inquiry reports on criminal records, etc., and application of Acts and subordinate statutes to investigation reports;

1. Article applicable to the crime, Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 156 subparagraph 10, and Article 54 of the Road Traffic Act, which provides for the choice of punishment for the crime;

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