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(영문) 서울북부지방법원 2015.07.14 2015고단998
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. The Defendant is a person who is engaged in driving of a taxi for Category C Laun other business purposes;

피고인은 2014. 4. 23. 22:25경 위 택시를 운전하여 서울 노원구 상계동 소재 상계역 사거리 편도 2차선 도로를 1차로를 따라 삿갓봉 사거리 방면에서 보람아파트 방면으로 시속 약 30km로 진행하였다.

Since the vehicles passing through this place are frequent and the two lanes are roads, in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction, brakes, etc. of the motor vehicle while checking the safety distance with the vehicle in the process of changing the vehicle when driving the motor vehicle in a normal state without drinking.

Nevertheless, the Defendant neglected this and led to the change of the vehicle line from the first to the second two-lanes while under the influence of alcohol with 0.15% of alcohol content in the same direction, which led to the change of the two-lanes in the same direction, and the left side of the E- which the victim D driving along the second two-lanes in the same direction led to the impact on the right side of the said taxi.

Although the Defendant’s negligence in the course of performing such business as above destroyed a vehicle of soflurt, which is owned by the victim, to amount to approximately KRW 484,828, the repair cost, the Defendant immediately stopped and escaped without taking necessary measures.

2. The Defendant violated the Road Traffic Act (driving) temporarily around the Nowon-gu, Seoul Special Metropolitan City Nowon-gu’s Nowon-gu’s Nowon-gu’s street from the roads near the Nowon-gu’s Nowon-gu’s Nowon-gu’s Nowon-gu’s Nowon-gu’s Nowon-do’s street 31-ro to the eight-lane-do’s street 0.155% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

1. The report on traffic accident, the actual condition survey report and photographs; and

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