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(영문) 서울남부지방법원 2018.11.20 2018고단5173
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 11, 2018, the Defendant was under the influence of alcohol by around 22:30, the Defendant driven a Bknife vehicle with approximately 720 meters alcohol concentration from the 720m section of the Geumcheon-gu Seoul Metropolitan Government from the 181 street to the 111 street.

2. The Defendant violated the Road Traffic Act (after-accidents), driving a B car in the temporary border specified in paragraph 1, while proceeding on the street in front of the “Saami Senior Community Center,” located in 79-gil 64-gil, Geumcheon-gu, Seoul, Geumcheon-gu, Seoul, while driving another vehicle in the opposite part.

At the same time, motor vehicles are parked on a narrow alley length and right side side, and the defendant has to take care of the way to drive the two-way vehicle. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction, brakes, etc. of the motor vehicle and to prevent accidents.

Nevertheless, under the influence of alcohol as described in Paragraph 1, the Defendant neglected the above duty of care and did not see the rear bank well, and caused negligence by the victim C(20) who proceeds from the rear side of the Defendant’s vehicle to the front part of the Defendant’s vehicle with Dro that the victim C(20 years old) drive.

After all, the Defendant, by the above occupational negligence, destroyed the front part of the car in front of the repair cost to cover approximately KRW 250,000,000, and escaped without stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. A traffic accident report;

1. Reports and investigation reports on the detection of drivers engaged in the primary business (report on the situation of the drivers engaged in the primary business);

1. Photographss of damaged vehicles, booms of vehicles, video CDs of fluored vehicles;

1. Application of Acts and subordinate statutes to a report on investigation (road driving distance for suspects);

1. Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning criminal facts

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