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(영문) 서울남부지방법원 2018.03.08 2018고단326
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by imprisonment for six months and by a fine for 200,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

1. On January 10, 2018, the Defendant violated the Road Traffic Act: (a) drive a car with B investment risk around 23:25 on January 10, 2018; and (b) drive a two-lane prior to Guro-gu Seoul Metropolitan Government (Seoul), the two-lanes were added from the airside of the Gu to the main two-lanes.

In such cases, a driver has a duty of care to look at the front side and the left side and the right and the left side, and to accurately manipulate the steering direction and the brake system, and to prevent the accident from occurring.

Nevertheless, even if the Defendant neglected to do so and neglected to take part in the safety zone in the front line of the victim-owned EKan knife, which was parked in the front line of the vehicle owned by the Defendant, and damaged the victim's knife by causing the knife to be in excess of KRW 8,623,603, the Defendant did not provide the Defendant's personal information (name, telephone number and address) to the victim.

2. On January 10, 2018, the Defendant has driven the same as the preceding paragraph, while under the influence of alcohol, such as smelling the Defendant at the Defendant’s entrance at the Guro Police Station’s office in Guro-gu Seoul Special Metropolitan City’s office for the investigation of traffic accidents and belting red booms, etc.

The following seal, such as being requested to take a drinking test from a police officer G, etc., for reasons that there are reasonable grounds to determine the seal;

1. From November 11, 100 to November 11, 200: (a) a police officer was required to take a alcohol test three times in total, but he/she did not comply with a police officer’s request

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

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

1. An explanatory note;

1. Inquiries about the results of crackdown on driving alcohol and copies of the ledger using a drinking measuring instrument;

1. Accident video CDs;

1. Application of the written estimate statutes;

1. Relevant legal provisions and Article 156 subparagraph 10 of the Road Traffic Act (the provision of personal information after damage, the selection of fines), Articles 148-2 (1) and 44 (2) of the Road Traffic Act (the provision of refusal to measure drinking, the selection of imprisonment with prison labor) concerning criminal facts;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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