도로교통법위반(사고후미조치)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 4, 2010, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act, from a Suwon District Court’s Eunpyeong site, and on August 8, 2014, the Defendant received a summary order of KRW 4,00,000 as a fine for the same crime in the same court.
The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.
On November 26, 2014, the Defendant driven the said car while under the influence of 0.171% alcohol level without obtaining a driver's license at around 14:40 on November 26, 2014, and led to driving the said car along the front side road in Pyeongtaek-si Seo-dong.
At this point, there was a crosssection, so there was a duty of care to confirm whether there is another vehicle passing through the intersection and to enter the intersection.
Nevertheless, the Defendant neglected this and received the part adjacent to the right side of the EKa car driving by the victim D (year 59) who was directly engaged in the above intersection by the negligence of entering the intersection as is, from the left side of the Defendant’s running direction, to the right side of the EKa car.
Ultimately, the Defendant, by such occupational negligence as above, escaped without taking necessary measures, even though the cost of repairing the victim’s car, such as the upper right plate and painting, was 602,061 won.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to F and G;
1. The actual condition survey report;
1. Statement of the circumstances and report on the detection of such a driver;
1. Registers of driver's licenses;
1. Written estimate;
1. Records before judgment: Application of inquiries about criminal records, etc. and a copy of each summary order;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (a measure not to be taken after destroying or damaging things);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.