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(영문) 서울중앙지방법원 2018.12.19 2018고단6876
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

The defendant is a person who is engaged in driving a Bsch Rexroth car.

1. On September 30, 2018, the Defendant violated the Road Traffic Act (after-accidents), driving the said car under the influence of alcohol concentration of 0.175% in blood on September 30, 2018, and driving it on the front of Gwanak-gu in Seoul Special Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle shall drive the motor vehicle in a safe manner by accurately operating the steering gear, and shall not drive the motor vehicle or drive the motor vehicle without a driver's license.

Nevertheless, the Defendant had been parked on the road by negligence while under the influence of alcohol.

D The backer of the E-si vehicle owned by the owner was shocked into the right-hand part of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence as seen above, destroyed the 3,780,082 taxi vehicles owned by D to repair the said taxi vehicles, but failed to immediately stop and take necessary measures, such as removing non-products.

2. On September 30, 2018, the Defendant, while under the influence of alcohol at around 03:5 on the blood alcohol level of 0.175% on September 30, 2018, driven a bsch motor vehicle without obtaining a driver’s license on the front side of “G” located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, from around 1km to the front road of Seoul Special Metropolitan City, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report;

1. On-site photographs of traffic accidents;

1. Data on video records of black boxes;

1. The driver's license ledger;

1. A certificate for measuring drinking alcohol;

1. Application of Acts and subordinate statutes on car repair specifications;

1. Article 148, Article 54(1) (a) of the Road Traffic Act related to the facts constituting an offense, Article 148, Article 54(2)2, Article 44(1) (a) of the Road Traffic Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a non-licensed driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;

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