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(영문) 서울동부지방법원 2020.12.11 2020고단1886

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On October 20, 2017, the Defendant was sentenced to a summary order of KRW 2.5 million at the Seoul East Eastern District Court for a crime of violation of the Road Traffic Act (driving). On October 14, 2020, the Defendant was sentenced to a fine of KRW 10 million for a crime of drunk driving at the Seoul Central District Court on February 11, 2020.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a BMW 320D car.

On April 5, 2020, the Defendant driven the said car under the influence of alcohol level of 0.180% on blood alcohol level on April 5, 2020, and led to a two-lane road above the Jam-gu Seoul Special Metropolitan City Seoul Special Metropolitan City, along the two-lanes in the direction of the south from the north bank of the Jam-gu Seoul Special Metropolitan City.

Since there are a number of vehicles on the front side at the time, in such a case, the driver of the vehicle had a duty of care to prevent accidents in advance by accurately manipulating the steering system and steering system, brakes, and other devices of the vehicle and accurately operating the steering system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle at the center of the vehicle, driving the vehicle beyond the vehicle line, and driving the vehicle at the same direction three lanes by negligence, and received the left-hand part of the E-city bus driven by the victim D(59 years old) as the Defendant's right-hand part.

Ultimately, the Defendant destroyed the above bus so that the repair cost of KRW 1,125,300, such as the exchange of the board, etc. due to the above occupational negligence, and left the site without immediately stopping the bus and taking necessary measures.

2. The Defendant was driving the said vehicle under the influence of alcohol level of 0.180% in a 3km section from the front of the Seoul Gwangjin-gu Seoul Special Metropolitan City F road to the front of the Seoul Songpa-gu G road.

Accordingly, the defendant was driving under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.