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(영문) 서울중앙지방법원 2013.10.04 2013고단5007
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On September 26, 2008, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on September 26, 2008, and on August 19, 201, as a fine of KRW 3 million for a violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court on August 19, 201.

On July 4, 2013, the Defendant, while under the influence of alcohol with 0.247% of blood alcohol concentration without obtaining a driver’s license on July 4, 2013, driven B TworkXG car from approximately 1km to around 56-19 of the same road from the 115-dong, Gangnam-gu, Seoul.

2. On July 4, 2013, the Defendant: (a) was under the influence of alcohol at 02:05:05, the Defendant was driving a B TraXG-type 5 laneed on the five-lane road in Gangnam-gu, Gangnam-gu, Seoul at the 115-do Do 115-do Do Do 115, and was traveling on the right side of the bankruptcy park, and is connected to the right side of the park. Therefore, the Defendant was under the duty of care to safely drive the vehicle while checking whether there is a vehicle moving back to the back on the back side, despite the fact that the Defendant was under the duty of care to safely drive the vehicle while under the influence of alcohol; (b) the Defendant was negligent in driving the vehicle while driving on the right side of the RaraXG-type 115-do Do 115-dong; and (c) the Defendant did not immediately stop the 90-do Do 90-do Do 100.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C on the occurrence of a traffic accident;

1. Each entry of the circumstantial statement of a drinking driver, and the output of a drinking measuring instrument;

1. Statement of the actual survey report;

1. Entry in the register of driver's licenses;

1. Statement in a written estimate;

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