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(영문) 의정부지방법원 2018.04.25 2018고단571

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On November 18, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on November 18, 2009, and a fine of KRW 3.5 million as an identical crime at the Jung-gu District Court on May 14, 2012.

[Criminal facts]

1. The Defendant is a person who violates the Road Traffic Act and the Road Traffic Act (not after an accident) on two or more occasions, and is engaged in driving service of C SP car;

On November 16, 2017, the Defendant driven the said car under the influence of alcohol level of 0.104% among blood transfusion around 04:40 on November 16, 2017, and continued D ahead of the Southyang-si at the southyang-si at the speed of about 50km at the speed of speed from the port to the point of view.

In this case, a person engaged in driving of a motor vehicle has a duty of care to operate a motor vehicle safely by accurately manipulating the steering system, brake system, and other devices of the motor vehicle.

Nevertheless, the Defendant was negligent in driving a motor vehicle while driving a motor vehicle due to his negligence while neglecting this, and was in front of the Defendant’s driver’s vehicle, which was installed at the center of the road.

After all, the Defendant destroyed the shock absorption unit to take up KRW 6,440,000 by occupational negligence as above, and his/her own vehicle transferred to the Korean-style road mold, and escaped without immediately stopping and taking necessary measures.

2. The Defendant also asked E/her spouse to make a statement as if he/she was involved in an accident after having committed the same crime as described in paragraph 1, and E makes a false statement to the effect that “In order to grasp the circumstances of the accident, he/she was able to make a mobile phone call from the Defendant’s cell phone located in the train to the police officer in the Namyang-gu Police Station in the Gyeonggi-do, where he/she was involved in an accident, and he/she was able to leave the hospital.”