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(영문) 서울북부지방법원 2020.10.08 2020고단1580

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving a vehicle B K5 vehicle.

On March 5, 2020, at around 08:25, the Defendant driven the above vehicle while under the influence of alcohol of 0.173%, and driven the three-lane road in front of Dongdaemun-gu Seoul Metropolitan Government along the flow of the road from the shooting distance of the drive road to the blue-ri basin.

Since there are many vehicles standing in the three-lanes at the time, in such a case, a person engaged in driving service has a duty of care to safely operate the steering system and brake system and to prevent accidents by accurately manipulating the steering system and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding with the Defendant’s vehicle operation, and was driven by the victim D, who was stopping on three-lanes of a passenger car operation, due to the Defendant’s negligence.

Ultimately, the Defendant did not immediately stop and take necessary measures, such as checking damage caused by the above occupational negligence to damage the car owned by the victim, which is equivalent to KRW 120,000,000.

2. Around March 5, 2020: (a) around 08:25, the Defendant driven BK5 cars while under the influence of alcohol at approximately 10km section from the Frane of Jung-gu Seoul, Seoul to the front of G apartmentH on the same day; and (b) around 09:15, the Defendant driven B K5 cars while under the influence of alcohol at about 0.173% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The I written statement of the police statement concerning D shall be reported (1) a traffic accident report, the actual condition survey report, and the investigation report on the results of the drinking driving control conducted (vehicle photographs);

1. Application of the provisions of the Acts and subordinate statutes related to written estimates;

1. Relevant Article of the Act on the Crime, Articles 148, 54(1) of the Road Traffic Act, Articles 148, 148-2(3)2 and 44 of the Road Traffic Act, the choice of punishment for the crime, and Articles 144 of the Road Traffic Act;