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(영문) 서울남부지방법원 2020.11.03 2020고단1797
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person who is engaged in driving a vehicle in B SPP area.

On February 2, 2020, the Defendant driven the said car at around 06:30, the Defendant was driving the said car, and the vehicle was changed to a speed of about 30 kilometers at the entrance side of the 4-lane road in the front of the Seoul Yeongdeungpo-gu Seoul Metropolitan City, along the three-lane road, at the speed of the 30 kilometers. Although there was a duty of care to keep the front left and right of the vehicle so as not to conflict with other vehicles while living well, the Defendant neglected the said duty of care while under the influence of alcohol, neglected the vehicle while under the influence of alcohol, and stopped the part on the right and right side of the d (36 years old) driving of the victim D (the 36 years old) driving on the two-lane in the same direction due to the negligence of changing the two-lane to the left side of the vehicle, the Defendant was able to repair the said car at a speed of KRW 2,469,200,000 and stopped immediately and did not take necessary measures.

2. Around 06:00 on February 2, 2020, the Defendant driven a vehicle B in the direction of approximately 19 kilometers from the G Hospital located in Busan City F to the front road of Mapo-gu Seoul Metropolitan Government, while under the influence of alcohol by 0.104% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Report on the occurrence of a traffic accident, detailed statement of control, report on the situation of a driver with a driver with a driver with a standing, investigation report (report on the situation of a driver with a driver with a standing), notification on the results of the crackdown on the driving under influence of alcohol, photograph of a black-accident video

1. Application of the written estimate for motor vehicle maintenance;

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of sound driving) and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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