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(영문) 서울서부지방법원 2018.07.05 2018고단1225

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2014, the Defendant was sentenced to a fine of KRW 1,00,000 for a crime of violating the Road Traffic Act (driving) at the Seoul Northern District Court in Seoul Northern District Court, and a fine of KRW 7,000,000 for a crime of violating the Road Traffic Act (driving) in the same court on October 14, 2014, and has been punished twice or more due to drinking.

1. The Defendant is a person who is engaged in driving of a vehicle BM6 vehicle volume, in violation of the Road Traffic Act (after the accident).

On March 11, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.140% during blood transfusions, and changed the course to four-lanes while driving the road of 6-lanes in front of the galando in front of the galancy direction in Mapo-gu Seoul, Mapo-gu, Seoul, at a speed that cannot be known in accordance with five-lanes from the galancy intersection to the galan intersection.

At this time, there are many urban highways and front and intersections, so it is likely that a person engaged in driving service of a vehicle is likely to impede normal traffic of other vehicles in the direction of changing the course, the course shall not be changed, and there was a duty of care to change the way in advance to give notice of change of course and to prevent accidents by safely changing the way while driving the direction in advance.

Nevertheless, due to the negligence of being negligent in driving the four-lanes of the above-mentioned road while under the influence of alcohol, the Defendant received the front part of the upper part of the truck's right-hand part of the truck, which was driven by the victim C while driving the four-lanes of the above-mentioned road.

Ultimately, even if the Defendant destroyed the above vehicle to cover KRW 1,205,828 by occupational negligence as above, the Defendant left the vehicle without taking necessary measures, such as immediately stopping and preventing any danger to traffic.

2. A defendant who violates the Road Traffic Act (drinking driving) shall be at around 10:10 on March 11, 2018, the Dobong-gu Seoul Metropolitan Government Gas Protection Zone.