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(영문) 인천지방법원 2016.04.11 2016고단132

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 13, 2007, the Defendant received a summary order of KRW 500,000 from the Incheon District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and on January 15, 2013, the Defendant issued a summary order of KRW 1 million as a fine for the same crime at the same court.

The defendant is a person who is engaged in driving a non-owned car B.

1. On December 24, 2015, the Defendant, while under the influence of alcohol 0.116% during blood transfusion on December 16:45, 2015, driven the said non-stop vehicle from the Do in front of the SM construction site located in the Southern-gu, Incheon, Nam-gu, Seoul, and proceeded with a section of about 20 kilometers from the Do in front of the construction site.

2. Around 16:45 on December 24, 2015, the Defendant violated the Road Traffic Act (measures Taken after an accident) driven the said non-stop vehicle and driven the high-ptop road in the south-dong of Incheon Metropolitan City at a speed of about 20km in the direction of the city-speed along the four-lane in the direction of the city-speed from the king to the direction of the city-speed along the direction of the city-speed.

At the time, the above place was a very frequent place in the traffic of motor vehicles driving on the expressway, and therefore, the person operating such place was well seeing the front and rear left, operating the steering system, operating the steering system and the brake system properly, and operating the system with the duty of care to prevent traffic accidents.

Nevertheless, the Defendant neglected to do so, as described in paragraph 1, and did not properly go through the next week while under the influence of alcohol, as well as the part of the front part of the victim C, which was driven by the Defendant at the rear by his occupational negligence, was shocked by the lower part of the said non-stowing car.

Ultimately, the Defendant did not stop immediately and take necessary measures, such as removal of traffic obstacles, even though the Defendant’s lurged car with the foregoing occupational negligence damages the repair cost of KRW 378,211.