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(영문) 서울서부지방법원 2018.01.25 2017고단3305
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. The Defendant is a person engaging in driving service of a vehicle B K7 vehicle.

On August 20, 2017, the Defendant driven the said car under the influence of alcohol content of 0.228% among blood transfusion around 01:00, and proceeded with three-lanes of the 279 Ban Mandae as the Green of Yongsan-gu Seoul, Yongsan-gu, Seoul, as the Green of Yongsan-gu, with the flow of three-lanes from the south bank north bank of distribution.

At that time, it was night and rained, and it was divided into two lanes and three lanes on the front side, leading to a different direction. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent an accident by reducing the speed according to traffic conditions in changing course by viewing the front, rear, and left, and operating the steering system accurately.

Nevertheless, the Defendant, as a result of influence of drinking, did not look at the front and rear right and the right and the right and the right are changed to the two-lanes, and the Defendant conflict with the victim C (the 54-year-old driver), who was driving, with the upper right and right door of the rash car of the Defendant.

Ultimately, even though the Defendant caused damage to KRW 1,094,758 due to the above occupational negligence, the Defendant immediately stopped the damaged vehicle and escaped without taking necessary measures, such as aiding and abetting the damaged person.

2. Around 01:00 on August 20, 2017, the Defendant driven a B K7 car while under the influence of alcohol content of about 2.3km from the front road near the Gangnam-gu Seoul Metropolitan Government New Seo-dong to the 279-Spool class in Yongsan-gu, Yongsan-gu, Seoul to the 19-Spool class.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

1. A motor vehicle inspection and maintenance report;

1. Application of the Acts and subordinate statutes governing the photographic images of the damaged vehicle;

1. Article 148 of the Road Traffic Act and Articles 148 and 54 of the same Act concerning facts constituting a crime;

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