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(영문) 청주지방법원 충주지원 2019.06.05 2018고단765
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for a year and a fine of 200,000 won.

If the defendant does not pay the above fine, 100,000.

Reasons

Criminal facts

1. Around 03:05 on November 10, 2018, the Defendant violated the Road Traffic Act (e.g., after-accident), driving a spke car with a blood alcohol level of 0.348% under the influence of alcohol level on November 10, 2018, and led the Defendant to pass a coffee shop in the Dacp shop in the Chungcheong-gun C.

At the time, since a passenger car was parked on the right side of the defendant's moving direction, there was a duty of care to properly operate the brake system by properly operating it while living well on the right side of the driver.

Nevertheless, under the influence of alcohol, the Defendant did not take necessary measures, such as checking the victim's personal information, so that the part on the left side of the victim's passenger vehicle is destroyed by a 5,971,460 won of the repair cost due to the negligence of neglecting the operation of the brake system, and thus, the Defendant did not take necessary measures, such as providing the victim's personal information.

2. On November 10, 2018, the Defendant, while under the influence of alcohol at a 03:27% alcohol level, driven approximately 1.5 km from the Chungcheongnam-gun G apartment in Chungcheongnam-gun to the I in H by driving a vehicle with approximately 0.348% alcohol level.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A report on the occurrence of a traffic accident, on-site map, actual condition survey report, and investigation report;

1. The circumstantial statements of a drinking driver, notification of the control results of drinking driving, and investigation report of a drinking driver;

1. Response to the request for appraisal, and report on the detection of the driver;

1. On-site photographs, photographs of the skin vehicle, and copies and photographs thereof;

1. Data on video images of an accident;

1. Determination as to the assertion by the Defendant and his/her defense counsel

1. The defendant and his defense counsel asserted that "the defendant cannot be punished as a crime of violation of the Road Traffic Act (unexplosion measures) since he did not recognize the fact that he had shocked the damaged vehicle by drinking alcohol at the time."

The evidence duly adopted and examined by this Court.

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