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(영문) 서울북부지방법원 2015.05.26 2015고단818

도로교통법위반(사고후미조치)등

Text

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

1. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a B rocketing car.

On November 29, 2014, the Defendant driven the above car on or around 02:20, while driving it on or around November 29, 2014, 323 lanes in front of the 323-lane, Jung-gu, Seoul, China, along the two-lanes, driven from the upper right road to the upper right road along the middle right road.

At the time, at night, the signal was installed, so there was a duty of care for those engaged in driving of a motor vehicle to live well on the front side and the right and the right, and to drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and did not immediately stop and stop the part of the front part of the D urban bus driven by the victim C (the aged 59) under the new subparagraph at one-lane in the same direction due to the negligence of driving the left-hand turn at 0.060% of the blood alcohol content in a straight line with the Defendant, which was driven by the victim C (the aged 59) under the new subparagraph, with the lower part of the left-hand part of the said vehicle, so that the repair cost, such as the exchange of the upper part, etc. on the damaged vehicle would be equivalent to 770,450 won.

2. On June 22, 2006, the Defendant was under the influence of 0.060% of a fine for violation of the Road Traffic Act at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”), a person who was issued a summary order of two million won of a fine for the same crime by the same court on February 28, 2008, and on November 29, 2014: (a) on the road on the sprink-dong and sponsed road in Jung-gu, Seoul Metropolitan Government from the 3km-gu, Seoul to the 193rd-gu, Jungdong-gu, Seoul, the Defendant driven the said sphera car under the influence of alcohol concentration of about 0.060% of a blood alcohol concentration from the 3km-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Written estimate;

1. Previous records of judgment: Criminal references and investigation reports (verification records of confirmation of the driving of a suspect under influence of alcohol) and the application of statutes;

1. Relevant Articles 148 and 54 of the Road Traffic Act concerning criminal facts;