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(영문) 서울중앙지방법원 2015.05.13 2015고단1862

도로교통법위반(음주운전)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2, 2008, the Defendant has been sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 2, 2008, a fine of KRW 4 million for the same crime in the Suwon District Court’s Ansan Branch on May 29, 2009, and a fine of KRW 4 million for the same crime in the Suwon District Court’s Seongbuk Branch Branch on July 12, 2012, and two years of suspension of execution.

On February 4, 2015, at least two times of drinking driving skills and around 21:40 on a blood alcohol level, the Defendant driven a B UD car at a distance of about 300 meters from the front day of the main station in the vicinity of Seocho-gu Seoul Kafa, Seocho-gu, Seoul to the front day of the 813-7 Kafa, Seocho-gu, Seocho-gu.

2. Violation of the Road Traffic Act (AFS) (C) the Defendant driving a B AF car at a time and place, such as Paragraph 1, and proceeded ahead of Seocho-gu Seoul Metropolitan Government C along the speed of about 40 km at a speed of about a speed of about 40 km in the direction of the Kafa-gu doctoral distance from the Kafa.

At the time, the center line of the yellow domin line is installed at night and there is a place, so in such a case, the driver of the motor vehicle has the duty of care to ensure that the driver of the motor vehicle is able to look well at the front line and safely drive the motor vehicle in order to prevent the accident in advance.

Nevertheless, while under the influence of alcohol, the Defendant neglected this and led to a collision between the driving seat of the E-si driven by the victim D(the age of 56) who stops in the traffic signal line on the road facing the center line due to the negligence that the left part of the vehicle under the influence of alcohol, which led to the collision between the driving seat of the vehicle of the Defendant.

Ultimately, even if the Defendant damages the property equivalent to KRW 159,311 on the repair dog of the damaged vehicle due to the above occupational negligence, the Defendant immediately stopped the vehicle and went away from the site without taking necessary measures for preventing danger and ensuring smooth traffic flow.

Summary of Evidence

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