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(영문) 서울동부지방법원 2017.05.19 2017고단752

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

1. The Defendant is a person who is engaged in driving of a Dknife knife vehicle.

On February 4, 2017, the Defendant driven the above vans around 23:43 on February 4, 2017, and, at the same time, the Defendant proceeded from the station to the elementary school at a sloping speed.

In this case, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and to prevent accidents in advance by operating the motor vehicle in good manner.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was found to have followed the left-hand side of the Hatoba, which was owned by the victim G, and received the part before the right-hand side of the Defendant’s driving.

Ultimately, the Defendant, by occupational negligence, escaped without taking any measure even though the above repair cost of KRW 723,00,000, was destroyed and damaged by the victim’s ownership.

2. Defendant 1 driven a knife vehicle under the influence of alcohol at the above date, time, and at the above place under the influence of alcohol and was arrested in a flagrant act suspected of violating the Road Traffic Act (on February 5, 2017, when he was transferred to the traffic accident investigation office of the Seoul Song-gu Police Station located in Songpa-gu, Seoul on February 5, 2017, and was under the influence of alcohol by Defendant 1, the police officer of the Seoul Song-gu Police Station, who was under the influence of alcohol, snife the Defendant and knife the knife on the face of the knife.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant, who does not put the whole in a drinking measuring instrument, shall avoid it, and without justifiable grounds, a police officer.