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(영문) 춘천지방법원 원주지원 2018.07.11 2018고단346
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who received a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court on January 15, 2016, and a fine of KRW 3 million for a crime of violating the Road Traffic Act in the same court on July 2, 2016.

[Criminal facts] The Defendant is a person who is engaged in driving of Cwing and C Freighting Vehicle.

1. On March 5, 2018, the Defendant was under the influence of alcohol level of 0.069% among blood transfusions on March 5, 2018, the Defendant driven the above cargo at a 1km section from the south-do road in the name of the original city to the 53rd and south-do road in the city of the Republic of Korea, in the condition of alcohol level of 0.069%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

2. The Defendant violated the Road Traffic Act (e.g., an accident) driven a cargo vehicle under the influence of alcohol as described in paragraph 1 at the time of a day indicated in paragraph 1, and driven the side road of the front of the city in front of the city in the direction of the South-west market at a speed that is impossible to know in the direction of the direction of the south-west road in the direction of the south-west road.

At the time, there is a night and a place where vehicles are parked at the edge of the road, so there was a duty of care to reduce speed and accurately manipulate the steering direction and brake system to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was unable to properly operate the steering and brakes, and the victim E was driven by the victim E, who was standing on the left-hand side of the running direction of the Defendant, and was placed on the right-hand side of the Defendant’s car.

Ultimately, the Defendant, by occupational negligence, destroyed the car owned by the victim to be 196,600 won repair cost.

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