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(영문) 서울동부지방법원 2013.04.10 2013고단467
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 22, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Branch on January 22, 2007, a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on July 10, 2009, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Incheon Western District Court on November 3, 2011, respectively.

2. Criminal facts;

A. At around 22:50 on February 15, 2013, the Defendant: (a) driven a B-low vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.091% without obtaining a driver’s license from the section of approximately 1.5km-dong, Gangdong-gu, Seoul to around 23:05 on the same day from the 413-1 Do, Gangdong-gu, Gangdong-gu, Seoul; (b) around 22:50 on the same day.

B. Violation of the Road Traffic Act (AF) is a person who is engaged in driving a franchise-low-income vehicle.

At around 23:00 on February 15, 2013, the Defendant runs along the street of 6 meters in the direction of the Gangdong-gu Community Center in Gangdong-gu, Gangdong-gu, Seoul.

In the intersection without signal lights, the signal has gone behind.

At the time of night, there was a duty of care to take care of the surrounding situation well and safely to the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to stop, and received the part of the victim C, which was owned by the victim C, of the said vehicle, with the back of the said vehicle.

Ultimately, the Defendant did not immediately stop and take necessary measures despite the damage of the above taxi to the extent that the repair cost, such as the exchange of the front offender due to the above occupational negligence, was 394,826 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on actual condition, a drinking measuring station, a drinking-free driver's license report, and an investigation report (applicable with the Ba mark);

1. Photographss, field photographs, etc. of damaged vehicles, and videos;

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