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(영문) 대전지방법원 논산지원 2020.01.21 2019고단514
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

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

【Criminal Power】 On May 18, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving of BPoter Ⅱs.

On November 1, 2019, the Defendant driven the above cargo vehicle on November 16, 2016, and led to the driving of the D Facilities in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to the IC from the JC side.

The location is a one-lane road without a center line of 5.6 meters in width. In this case, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle gets slowly along the right side of the road at the time of driving, to ensure that the driver of the vehicle is well aware of the front and rear left, to accurately manipulate the steering and brakes, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and led to the collision between the Defendant’s driver’s operation of the FIsttop car in the direction of and opposite to the Defendant’s operation due to the negligence of operating a 0.146% alcohol while under the influence of alcohol with the blood alcohol content 0.146%.

Ultimately, even though the Defendant damaged the victim’s rocketing car exchange, etc. to have an amount of approximately KRW 101,660,000 due to such occupational negligence, the Defendant left the scene of the accident without taking necessary measures for the occurrence of the accident, such as immediately stopping, informing the victim of his personal information and contact details, and receiving the report or insurance.

2. The Defendant was driving the Poter Ⅱ as stated in paragraph (1) of the Road Traffic Act while under the influence of alcohol with a blood alcohol concentration of 0.146% at the time and place specified in paragraph (1) of the same Article.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's oral statement;

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