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(영문) 서울중앙지방법원 2020.05.12 2020고단1471
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two hundred thousand won.

When the defendant does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2019, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

1. Around February 21, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the FMW car without obtaining a vehicle driving license from the roads near “C” restaurant located in Gangnam-gu Seoul Metropolitan Government (Seoul) to the “E” parking lot located in the same Gu as “E” parking lot from February 10, 2020, around 22:01.

2. The Defendant in violation of the Road Traffic Act is a person engaged in driving a FMW car.

Where it is evident that only a motor vehicle that has stopped or stopped due to traffic, such as the operation of a motor vehicle, etc., the driver, etc. of the relevant motor vehicle shall immediately stop and provide the victim with personal information.

Nevertheless, at around 21:47 on February 10, 2020, the Defendant, while driving the said BMW car and driving the road in front of Gangnam-gu Seoul Metropolitan City, was shocked by the victim H-owned part of the victim H-owned IW car that was parked on the left-hand side of the progress of the Defendant, and the part of the crime behind the victim H-owned passenger car that was parked on the left-hand side of the Defendant’s operation was shocked into the front-hand part of the Defendant’s operation, without taking any measures, such as destroying the said BM car to cover KRW 2,884,63 of the repair cost and failing to provide personal information.

3. Violation of the Road Traffic Act (Refusal to measure a noise level) by the Defendant, while under the influence of alcohol as described in paragraph (1), driven a FW car from the roads near the restaurant in Gangnam-gu Seoul Metropolitan Government to the “E” parking lot in the same Gu, and parked the said BM car in the above E parking lot.

On February 10, 2020: (a) the Defendant, at around 22:17, driven under the influence of alcohol, such as smelling and smelling red on the face from the police station J of Seoul Western Police Station, etc., dispatched after receiving 112 reports to the effect that there is a drinking driver; and (b) the Defendant was under the influence of alcohol.

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