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(영문) 대구지방법원 상주지원 2019.10.15 2019고단197
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

On June 12, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Suwon District Court, and on October 22, 2012, a summary order of KRW 6 million as an administrative fine of KRW 1 million as an identical crime from the stay support of the Daegu District Court.

The defendant is a person who is engaged in driving a freight vehicle B without mandatory insurance.

On March 20, 2019, the Defendant driven the above cargo while under the influence of alcohol of 0.126% with a blood alcohol concentration of 0.126% on March 20, 2019, and led the C Village to proceed to the front of the C Village at the seat of the erode.g., at the seat of the erogate.

At the time, there was a raining and down at night, and at all times, there was a road in which a median line is installed, connected to the length of a stop line that enters the village to the right side of the Defendant’s driver’s freight, and thus, there was a duty of care to prevent accidents by accurately operating the brake and steering gear, as a person engaged in the driver’s duty of care.

Nevertheless, the defendant neglected to do so and proceeded with without the influence of alcohol while putting the steering gear under the influence of alcohol, and went away from the road to the left-hand side of the proceeding direction by wrong operation of the steering gear, and the owner of the Korean power owned by the victim of the road installed on the road was in front of the driver's vehicle of the defendant.

As a result, the Defendant, even though he did not immediately stop the utility pole so that the amount equivalent to approximately KRW 2,189,560 due to the above occupational negligence, did not take necessary measures, such as immediately stopping the utility pole and checking the damage situation.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. The actual condition survey report;

1. An accident site photograph;

1. Mandatory insurance policies;

1. Written estimate;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Criminal facts;

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