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(영문) 부산지방법원 2016.06.28 2015고단7141
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 23, 2011, the Defendant was issued a summary order of a fine of three million won in the Busan District Court due to a violation of the Road Traffic Act (drinking driving), and on April 24, 2013, the Defendant was sentenced to a fine of three million won in the same court as the same crime. On July 11, 2014, the Defendant was sentenced to imprisonment of eight months in the same court for the same crime, and was released on January 30, 2015 from the Busan Detention House on parole on January 15, 2015.

"2015 Highest 7141"

1. On September 10, 2015, the Defendant was under the influence of a vehicle driver’s license on the violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (D convenience driving without a license) on the part of the eM5-car in the section of about 1km from the influence area of Busan Fri-gu to the front day of the D convenience store in Busan Fri-gu, while under the influence of a vehicle driver’s license, the Defendant driven the eM5-car at around 0.126% alcohol concentration in blood.

2. On the same day as Paragraph 1, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) had a driving of the said car in front of the D convenience store located in the Geum-gu Busan Metropolitan City, Sin-si, by driving the said car in the direction of a panman from the airspace of the Southern subway. Therefore, a person engaged in driving service has a duty of care to safely proceed by examining the right and the right and the right of the road.

Nevertheless, the Defendant did not avoid GM5 car owned by the Victim F, which was parked on the left side of the Mad Road by negligence while neglecting the above duty of care and neglecting the duty of care, and received the part of the Defendant’s driver’s vehicle behind the vehicle.

Although the Defendant damaged the car owned by the victim due to the above occupational negligence, the Defendant did not take necessary measures immediately and escaped, even though it did not damage the car amounting to KRW 4,922,530.

"2016 Highest 371"

3. On December 23, 2015, the Defendant was under the influence of alcohol content of 0.193% in blood without obtaining a driver’s license of a motor vehicle on December 23, 2015, front of the Gu’s elementary school located in the Geum-gu, Busan (hereinafter referred to as the “Seoul”).

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