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(영문) 서울북부지방법원 2014.10.28 2014고단3142

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:34 July 20, 2014, the Defendant driven C-5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.189% from the section of about 500 meters from the French-ro 24-5, Dongdaemun-gu, Seoul, Dongdaemun-gu to the roads of approximately 500 meters.

2. The Defendant is a person who is engaged in driving a vehicle CK5 vehicle.

On July 20, 2014, the Defendant driven the above car on July 20, 2014, and came to turn to the left at an irregular speed by using the intersection in front of the CU convenience store located at 238,000,000, Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, as the long as the long distance distance from the private-distance of the front school.

At night, at the time, the Defendant was unable to start up at night, and the Defendant had a duty of care to prevent accidents by accurately manipulating the steering gear and the steering gear of the victim D(31 years old) driving in the same direction, and as such, the Defendant had a duty of care to prevent accidents.

Nevertheless, the Defendant’s negligence while under the influence of alcohol led to the Defendant’s failure to drive the victim D's above car, and thereby, received the part of the Defendant’s driver’s vehicle behind the victim D's above car.

Ultimately, the Defendant, by such occupational negligence as above, escaped without taking necessary measures such as stopping and aiding the victims, even though the repair cost, such as the exchange of a victim’s new airport driver car, etc., damages to the extent of KRW 1,077,120.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on occurrence, actual condition, and supplement statement of D traffic accidents;

1. A traffic accident report;

1. Statement on the circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Measures not to be taken after accidents under Article 148 and Article 54(1) of the Road Traffic Act, which relate to the relevant criminal facts and to the choice of punishment; and