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(영문) 대전지방법원 천안지원 2019.10.17 2019고단1458
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a radar car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents).

On February 23, 2019, at around 03:10, the Defendant driven the said car while under the influence of alcohol with 0.083% of alcohol concentration, and led under the influence of the said car to C by driving the said car, which is located in the wing-gu, Southern-gu, Chungcheongnam-gu, Yanan-gu.

Since there is a yellow solid line, a person engaged in the driving of motor vehicles has a duty of care to observe the motor vehicle line and safely proceed to the right side of the center line.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s vehicle driving part before the driver’s seat in front of the driver’s seat in the vehicle of the victim D (year 51) driveed in the opposite direction.

The Defendant continued to stop a vehicle on the right side of the road, and continued to go behind the Defendant’s vehicle, and received the part on the right side of the Victim F (27 years old) drive G bargaining Motor Vehicle, which was going behind the Defendant’s vehicle.

After all, the Defendant suffered injury to the victim D, such as climatic salt and tension, which requires approximately two weeks of medical treatment, due to the above occupational negligence, and destroyed the victim D’s vehicle to cover KRW 3,785,747, and had the victim F’s right side on the vehicle, and escaped without taking necessary measures, even if the Defendant destroyed the victim F’s vehicle.

2. On February 23, 2019, the Defendant violated the Road Traffic Act ( sound driving) from the front of a drinking house in which it is impossible to identify the trade name located in the Seongbuk-gu, Seo-gu, Seocheon-gu, Seocheon-si while under the influence of alcohol at a 0.083% of the blood alcohol concentration around 03:10 on February 23, 2019 to the C neighboring road located in H in the same city south-gu.

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