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(영문) 서울북부지방법원 2020.11.26 2020고단1751
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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. Around 22:40 on December 31, 2019, the Defendant driven Csch Rexroth car under the influence of alcohol with a blood alcohol concentration of about 0.234% from the 1km section from Gangseo-gu, Seoul to the front road of the same Gu from Gangseo-gu, Seoul to the same Gu.

2. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving a Csch Rexroth car.

On December 31, 2019, the Defendant driven the said car with the blood alcohol concentration of 0.234% 0.234% around 22:40 on December 31, 2019, and led the road front of the Seoul Gangnam-gu Seoul to the Gangnam Police Station from the direction of the E market.

In such cases, there was a duty of care to check and proceed with the safety of the course by checking the front side and the left side of the vehicle.

Nevertheless, while the Defendant was negligent in driving the said car under the influence of alcohol and went back to the right-hand side of the said car in the direction-hand side and without taking any measures, the Defendant did not immediately stop the said rocketing car with a view to causing the damage of an amount equivalent to KRW 400,000,000 of the repair cost to the right-hand side of the Defendant’s vehicle, while continuing to stop on the right-hand side of the said car owned by the victim I, which was parked in front of Dobong-gu Seoul Metropolitan Government, to the right-hand side of the Defendant’s vehicle.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the Defendant’s legal statement K, investigation report on the occurrence of each traffic accident in L, enforcement record, investigation report, investigation report (report on the confirmation of black stuff images) and black stuff image CD, report on the situation of his driver’s oral statement, investigation report (report on the situation of his driver), and report on the detection of drinking drivers;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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