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(영문) 수원지방법원 안양지원 2018.07.17 2018고단680
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 22, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (D set-off driving without a license) driving a D wave car under the influence of alcohol of about 0.155% while under the influence of alcohol, without obtaining a driver’s license, from around 03:00 to around 04:20 on the 40km section of the Defendant’s house located in Young-gu, Suyang-si, Suyang-si, Suyang-si, Suyang-si, Suyang-si, and at around 04:20 meters prior to the Defendant’s home.

2. The Defendant is a person who is engaged in driving a motor vehicle in a Dmp car.

On January 22, 2018, the Defendant driven the above car at around 04:00, and tried to enter the road of six lanes in front of Manyang-gu, Manyang-gu, Manyang-gu, Seoul along the three-lane inside and outside of the air, while driving the vehicle at around 04:0 and driving it at the four-lane.

In this case, the driver has a duty of care to safely drive the vehicle after checking whether there is a vehicle driving on the road to enter the front and rear side.

Nevertheless, the Defendant neglected this and went through a four-lane due to the negligence of entering the four-lanes under the influence of alcohol, and led the Defendant’s front of the driver’s seat of the F car rental car driven by the victim E (S) (S) who was driving the four-lanes.

Ultimately, the Defendant did not immediately stop and take necessary measures while destroying and damaging the car rental car to the extent of approximately KRW 870,000 of the repair cost due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. A traffic accident report;

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

1. Written estimate;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 148-2(2)2, Article 44(1) of the Road Traffic Act (the point of drinking alcohol), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the point of driving without a license), Articles 148, 54(1) of the Road Traffic Act (the measure to be taken after an accident) concerning criminal facts

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