(영문) 서울동부지방법원 2017.07.19 2016고단3529

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2017.07.19 2016고단3529

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor bicycle BV125B bicycle in violation of the Road Traffic Act and the Road Traffic Act (after-accident).

On June 9, 2016, the defendant operated the motor device bicycle around 12:23, and proceeded along the four-lanes of the 5-lanes of the Gun in the front of Gwangjin-gu Seoul Special Metropolitan City as the military airside area in the parallel of the Gun and changed the course into the five-lanes.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents in advance by safely changing the vehicle line in the manner that he/she operates a direction direction, etc. in advance gives notice of change of course, and the situation of traffic on the left and right.

Nevertheless, the Defendant neglected this and got a part of the victim D (23 ) which was under the influence of alcohol while driving five lanes due to the negligence that did not operate the brakes properly, which was driven by the Defendant, into the right side of the motor device bicycle driving by the Defendant.

As a result, the Defendant destroyed the car owned by the victim so that the repair cost equivalent to KRW 355,818 due to the above occupational negligence and escaped without immediately stopping the car and taking necessary measures.

2. Around June 9, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (doning without a license) operated a BV125B motor bicycle under the influence of alcohol while under the influence of alcohol of about 0.279%, without obtaining a driver’s license from the 360-ro, Seongdong-gu Seoul, Seongdong-gu, Seongdong-gu, Seoul to the same 237-day road.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The actual investigation report on traffic accidents;

1. The driver's license ledger;

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

1. Application of the written estimate statutes;

1. Articles 148-22(1) and 44(1) of the Road Traffic Act.

유사 판례

-청주지방법원 2018.05.17 2017고단1537

-부산지방법원 동부지원 2018.07.05 2018고단630

-서울동부지방법원 2021.01.21 2020고단3606

-인천지방법원 2018.11.14 2018고단3543

-서울중앙지방법원 2017.02.03 2016고단6918