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(영문) 서울동부지방법원 2013.05.29 2013고단770

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for one year.

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

On September 10, 2006, the defendant was charged with the violation of the Road Traffic Act (driving) at the Gyeonggi-nam Police Station, etc., and the defendant was issued a summary order of KRW 2 million for the above crime at the Sungwon District Court Sungnam Branch on October 17, 2006, and was charged with the charges of violation of the Road Traffic Act (driving) at the Gyeongginam Police Station on August 15, 2009, and was charged with the same year.

8. 26. A person who has been issued a summary order of a fine of three million won by the District Court for the above crime.

The Defendant is a person who is engaged in driving a rocketing car.

On March 31, 2013, the Defendant driven the said car under the influence of alcohol with 0.245% of the blood alcohol concentration around 19:45 on March 31, 2013, and led to the driving of the said car to proceed with the roads in front of the Godukcheon-dong Seoul Metropolitan Government 359-4 as the Olympic Games.

In this case, the defendant had a duty of care to change the vehicle line by operating direction direction etc. as a person engaged in driving a motor vehicle, giving prior notice of change of course, and taking into account the traffic situation of the front and rear left, and thus, there was a duty of care to change the vehicle line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the two lanes from three lanes to four lanes, and received the back part of the tourist bus’s left side by the victim C, which was driven by the victim C, with four lanes from time to time, into the front part of the above rocketing passenger car.

The Defendant, by occupational negligence, destroyed the above tourist bus amounting to KRW 1,545,00,00, such as pentum exchange, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on traffic accidents and a report on actual condition;

1. The place of alcoholic note recording, the report on detection of alcoholic drivers, and the report on circumstantial statements of alcoholic drivers;

1. Each photograph;

1. Written estimate;

1. Previouss before ruling: the application of a reply to criminal records; and

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