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(영문) 서울중앙지방법원 2018.06.08 2018고단2287
도로교통법위반(사고후미조치)등
Text

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. On March 15, 2018, the Defendant violated the Road Traffic Act (after-accidents), driving a B windowmom car around 20:15 on March 15, 2018, and driving three lanes in front of Jongno-gu Seoul, Jongno-gu, with three parallels in front of Jongno-gu, Seoul.

In such cases, the driver has a duty of care to prevent accidents in advance by safely driving the driver, such as seeing the front door and accurately operating the steering and brakes.

Nevertheless, while neglecting this, the Defendant left the site without immediately stopping and taking necessary measures, such as removal of traffic risks and obstacles, even though the parts behind the left-hand side of the victim E-wing and cargo vehicle owned by the victim D, which was parked on the right-hand side of the running direction, were destroyed by the front-hand part of the Defendant’s vehicle so that the repair cost would be 3,50,000 won or more of the repair cost would be reduced, the Defendant left the site.

2. On January 20, 2010, the Defendant violated the Road Traffic Act (drinking driving) by having a fine of one million won or more as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on January 20, 201, and on September 16, 2014, the Defendant violated the provision prohibiting driving of drinking at least twice by having a fine of one million or more, imposed at the same court on the same offense.

The Defendant driven the said car from the roads in Jung-gu Seoul Metropolitan Government to the site of the accident while under the influence of alcohol content of 0.112% in blood during the above day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. One and two motor vehicles accident reports;

1. A report on the detection of a driver working at the main place, a report on the circumstances of the driver working at the main place and a report on the circumstances of the driver;

1. Photographs, internal report (the above dmark official application), and photograph of an accident vehicle;

1. References to inquiries, such as criminal history, and the application of the judgment text;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the Road Traffic Act.

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