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(영문) 서울남부지방법원 2015.05.12 2015고단785
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 13, 2009, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court to a fine for a violation of the Road Traffic Act, and on December 8, 2011, by the Seoul Western District Court, a fine of KRW 2 million for a violation of the Road Traffic Act.

2. Criminal facts;

A. On February 17, 2015, the Defendant: (a) driven a B rocketing car at around 20:00; (b) proceeds from the operation of a two-lane-of-lane-of-lane-of-way 4 lanes in front of the D Hospital located in Gangdong-gu Seoul Metropolitan Government, at the right speed from the intersection distance to the intersection-distance-of-way; and (c) has changed the three-lane-of-way-of-road.

While the Defendant changed the lane as above, while proceeding three lanes in the same direction, destroyed the pent part of the Flap car to the right side of the Defendant’s driver’s vehicle, and then damaged the victim’s driver’s vehicle to have an amount equivalent to 670,000 won of the repair cost, the Defendant immediately stopped and escaped without taking necessary measures.

Accordingly, the Defendant did not take measures when a traffic accident occurred.

B. While the Defendant was under the influence of alcohol by 0.114% at a temporary border, such as the foregoing paragraph (a), the Defendant driven the said rocketing car at a section of about 500 meters away from the mutual infinite Do located in the roadside of Gangdong-gu Seoul Metropolitan Government to the finite road located in the roadside of Gangdong-gu Seoul Metropolitan Government.

As a result, the Defendant once or more times driven a motor vehicle while under the influence of alcohol driving.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Investigation reports (demark);

1. A written report from an employee of an employer;

1. Written estimate;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles 148, 54 (1), 148-2 (1) 1, and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

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