(영문) 대전지방법원 2020.01.15 2019고단3086

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(영문) 대전지방법원 2020.01.15 2019고단3086

도로교통법위반(음주운전)등

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Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in driving a CMW car.

On April 27, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.221% at around 17:55, while under the influence of alcohol, and led to the flow of the said car in one way among the two lanes of the two lanes in the direction of the mountainsides of Daejeon Pungdong-dong, Daejeon Pungdong-gu, Daejeon Pungdong-dong.

Since there have been frequent traffic of vehicles, the Defendant, who is engaged in driving service, committed an occupational duty of care to prevent accidents, such as taking the front door well, accurately manipulating and stop the steering and brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the victim E (the 40-year-old) driving due to the negligence of leaving two-lanes to the right side while neglecting the hand, and was under the direction of the victim E (the 40-year-old) driving.

After all, the Defendant, by the above occupational negligence, destroyed the car amounting to KRW 1,787,628 of the repair cost, and escaped without immediately stopping the car and without taking necessary measures, such as filing an accident report.

2. On April 26, 2019, Defendant B driven CMW car at approximately 10 km from the Do in front of the office of “H” located in Daejeon U.S. G to the front road of the Defendant’s house located in Daejeon Jung-gu, Daejeon, without obtaining a driver’s license, on April 26, 2019.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement to E by the police;

1. The 112 Report Report Report, the traffic accident report, the survey report on the actual condition of the traffic accident, the B dice test photograph, the image of the damaged vehicle and the vehicle photograph after the A drinking test, the image of the injured vehicle, the report on the circumstances of the drinking driver, the inquiry into the records of the drinking driving control, the driver's license register, the vehicle inquiry, and the investigation report (suspect specific); and

유사 판례

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