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(영문) 서울중앙지방법원 2019.02.18 2018고단7052
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. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a B rocketing car.

On July 8, 2018, the Defendant operated the said car at around 01:00, and proceeded with a three-distance intersection in front of the Dcafeteria located in Dongjak-gu Seoul Metropolitan Government, as a G school located in F from the E kindergarten area.

Since there was a narrow side to the extent that one motor vehicle is paid for, 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 operating and safely operating the steering gear, brakes and other devices of the motor vehicle with the driver's duty of care.

그럼에도 불구하고 피고인은 이를 소홀히 한 채 만연히 위 승용차를 운전한 과실로 그 전방에서 피고인이 지나간 후 진행하기 위하여 대기 중이던 피해자 H 소유의 I 스포티지 승용차의 운전석 뒷문 부분을 위 승용차의 운전석 앞범퍼 부분으로 들이받아 위 스포티지 승용차를 좌측 사이드 스텝몰딩 교환 등 수리비 505,918원 상당이 들도록 손괴하고도 즉시 정차하여 필요한 조치를 취하지 아니하고 그대로 도주하였다.

2. On July 8, 2018, the Defendant violated the Road Traffic Act (refusing to take a drinking level) on the road in front of Dongjak-gu Seoul Metropolitan Government, Seoul, and the Defendant, upon receiving 112 report that the Defendant escaped without immediately stopping a traffic accident and taking necessary measures, such as paragraph (1), as in paragraph (1), the Defendant was requested to take a drinking level by inserting the Defendant into a drinking measuring instrument three times until 01:45 on the same day by inserting a drinking level from the slope L belonging to K of the Seoul Dongjak Police Station, who was called out after receiving 112 report, to recognize that the Defendant was driving under the influence of alcohol, such as smelling the Defendant at the Defendant’s entrance, sniting him/her, and raising him/her red on the face.

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