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(영문) 서울북부지방법원 2016.11.24 2016고단2558
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 00:10 on April 20, 2016, the Defendant driven a d SM5 vehicle under the influence of alcohol content of about 0.179% in the 3km section from the roads near the Middle River Station in Jung-gu, Seoul to the 00:25 day.

2. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person driving a DSS5 vehicle.

On April 20, 2016, at around 00:25, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1, and led the Ccafeteria in front of the Ccafeteria in Gangnam-gu Seoul, Gangnam-gu, Seoul to proceed at the speed far from the side of the main apartment to the speed of the running distance.

At the time, the defendant's vehicle was stopped on the right side of the E New Daily, and in this case, there was a duty of care to change the course by properly examining the aspects of the bus and the vehicle driver's vehicle.

Nevertheless, the Defendant neglected to perform so-called so-called so-called the Defendant’s negligence and caused the Defendant’s damage equivalent to KRW 277,500 of the repair cost, such as the Gapsung Metropolitan bus board, etc., owned by the victim Hansung Metropolitan Transport Co., Ltd., which was driven by F in front of the right-hand side of the said passenger car, due to the Defendant’s negligence. In order to restrain this, the Defendant left the scene of the accident without taking necessary measures, such as the above F, etc., put on the bus.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A H statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Control note;

1. Application of the written estimate statutes;

1. Relevant provisions of Articles 148, 54 (1), 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime (or, respectively, choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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