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(영문) 수원지방법원 2014.08.20 2014고단3257
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six 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 August 25, 2006, the Defendant issued a summary order of KRW 2 million at the Suwon District Court as a crime of violation of the Road Traffic Act, and KRW 4 million as a crime of violation of the Road Traffic Act at the Suwon District Court on March 5, 2014.

The defendant is a person who is engaged in driving a BMW car.

On April 28, 2014, the Defendant driven the said vehicle under the influence of alcohol of 0.096% without obtaining a driver’s license at around 05:10 on April 28, 2014, and driven the said vehicle along three-lanes from the west intersection to the lower intersection, while driving the vehicle at the speed of 0.096% wide, in the speed of water.

At the time, there was a new wall with the view of vision, and there was five lanes in which the median line is installed, and eight-lanes in round, so a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system and brake system of the motor vehicle and to prevent accidents by driving the motor vehicle safely along the lane, and to prevent accidents from spreading along the lane.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the steering gear and failed to properly operate the steering gear, and caused the above car to go into the central line, and was sent to the victim C, who was in the signal atmosphere at the opposite line, due to the negligence of failing to operate the steering gear. The Defendant was placed in the front part of the car driven by the Defendant.

Ultimately, the Defendant, by the foregoing negligence, escaped without taking necessary measures, without destroying and damaging the 554,000 won of the repair cost for the said observer car owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Each statement;

1. Written estimate;

1. Previouss before ruling: Criminal records and other inquiries, and the same kind of investigation reporting suspect;

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