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(영문) 대전지방법원 2021.01.21 2020고단4426
도로교통법위반(사고후미조치)등
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On July 23, 2020, the Defendant: (a) driven a DNA-learning car with alcohol content of 0.259% under the influence of alcohol from the several km section from the Daejeon Jung-gu Gyeong-gu Do on July 23, 2020 to the front road located in C in the same Gu’s Gu.

2. The Defendant is a person who is engaged in driving service of a DNA-learning car.

On July 23, 2020, the Defendant, while driving the said vehicle under the influence of alcohol content of 0.259% in a blood alcohol level at 0.22:00, and driving the said vehicle along the two-lanes from the direction of the discharge distance to the four-lanes in Daejeon East-gu, Daejeon-gu, while changing the vehicle into the three-lanes, the Defendant was negligent in driving the vehicle under the duty of due care to prevent accidents by safely driving the vehicle, such as taking into account the front and rear side and the left side, and accurately operating the steering gear and brakes, while neglecting the two-lanes while neglecting the duty of care to prevent accidents.

Ultimately, the Defendant, by the above occupational negligence, destroyed the above K5 vehicles to the extent that the repair cost of KRW 1,205,038 was damaged, and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement of the circumstances of the driver involved in driving;

1. A traffic accident report;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. Written estimate for repair of vehicles;

1. Application of Acts and subordinate statutes to photographs on the scene of an accident, vehicle photographs, and caps on images;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2(3)1, 44(1) (the point of drinking) of the Road Traffic Act, Articles 148 and 54(1) (the point of not taking measures after an accident) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.

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