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(영문) 서울서부지방법원 2016.11.29 2016고단2816
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On June 17, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime as a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 17, 2008, and a fine of KRW 3 million for the same crime in the Seosan Branch of the Daejeon District Court on January 6, 2012.

1. Around 20:50 on May 28, 2016, the Defendant driven a car with C low-est popon while under the influence of alcohol at about 0.071% in the section of approximately 82 kilometers from the Hah-ri to the front roads of Eunpyeong-gu Seoul, the Gap-gun of the Gyeonggi-do.

2. A violation of the Road Traffic Act (Non-accident) (the Defendant is proceeding in the direction of a mountain basin in the front of Eunpyeong-gu Seoul Metropolitan Government on the ground of a drinking b on the ground of a smoke-to-boom. At night at that time, a person who is engaged in driving on a road in the form of a three-way intersection where the traffic of vehicles is frequent at that time, was negligent in neglecting his/her duty of care to safely operate the steering and steering gear and prevent an accident by safely operating the steering and steering gear, while he/she has been negligent in doing so. On the other hand, the Defendant did not take measures such as aiding and driving the said taxi on the right side of the victim D with the repair cost of 386,000 won, such as the exchange of a passenger-to-hand cab and then stopping the said taxi to the left side of the vehicle at the top of the above high speed, and did not take measures for the occurrence of an accident without stopping the vehicle at the accident site and providing assistance to casualties.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Legal statement of witness D;

1. The actual condition survey report, the circumstantial statement of a master driver, and the report on detection of a master driver;

1. Investigation report (Opinion of an investigator about the intention of escape of a suspect and the driving of alcohol);

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs of the vehicle involved in the accident, motion picture images of the damaged vehicle, CD images, CD images, and the site photograph;

1. Article 148-2 (1) 1 and Article 44 of the Road Traffic Act applicable to the relevant criminal facts and the choice of punishment;

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