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(영문) 서울동부지방법원 2015.06.25 2015고단1271

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for six 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 power] On May 18, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on May 18, 2007. On November 29, 2013, the Defendant was sentenced to a fine of 4 million won for the same crime in the same court.

【Criminal Facts】

1. A person who violates the Road Traffic Act (unclaimed Measures) by the Defendant is a person who drives B rocketing or other automobiles as a profession;

On April 7, 2015, at around 02:40, the Defendant, a 491 Olympic Winter-gu Seoul Olympic Winter-gu, proceeded with about 40 km a speed of 40 km a speed of 5-lane a long distance of 491 Olympic Winter-gu, Seoul Olympic Winter-gu, and the blood alcohol concentration of 0.121% abreath in a state of under the influence of alcohol, depending on three lanes a speed of 40 km a speed of time.

At the time of night, there was an intersection where signal lights are installed at the front of the night, and thus, a driver engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, such as reducing speed and accurately operating the steering direction and brake system, etc.

Nevertheless, the Defendant neglected this and went under the influence of alcohol while driving in front of the same lane, and received the back part of the D-si driven by the victim C pursuant to the same subparagraph in front of the same lane as the front part of the said D-si.

Accordingly, the Defendant, due to the shock caused by the foregoing occupational negligence, destroyed the above taxi to the extent of KRW 542,430, such as the replacement of back pans, and escaped without stopping and taking necessary measures.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in a state of 0.121% under the influence of alcohol at the 1km section from the jum section of approximately 1km to the place indicated in paragraph 1, where the trade name in Gangdong-gu Seoul Metropolitan Governmentcheon-dong is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

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