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(영문) 서울동부지방법원 2018.11.16 2018고단2954
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 22, 201, the Defendant was sentenced to a summary order of a fine of KRW 5 million for a violation of road traffic law at the Seoul Eastern District Court on September 22, 201, and on May 8, 2014, the same court was sentenced to a fine of KRW 10 million for a violation of road traffic law and has been punished twice or more due to drinking driving.

[Criminal facts]

1. On June 23, 2018, the Defendant violated the Road Traffic Act (drinking) driving a car GMW520d in the vicinity of the road, while under the influence of alcohol content of 0.20% at around 22:50 on blood, and driving a car GMW520d in the 3km section around the road in Songpa-gu Seoul.

2. The Defendant is a person engaging in driving a passenger car as specified in the preceding paragraph.

The Defendant driven the above car at the time of the day specified in the preceding paragraph, leading the road in front of the “F food” in Songpa-gu Seoul, Songpa-gu, to the direction of the instant restaurant for children’s park.

Since there is a narrow frame, there was a duty of care to safely drive a motor vehicle by accurately operating the steering gear, steering gear and brakes prior to moving the motor vehicle to a person engaged in driving the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and went to the left in the direction of the beauty art room in the direction of the labbing children’s park in the candle-bak-gu, the part on the right side of the victim H(34 Do) driver’s driving on board IK7, followed the Defendant’s vehicle to the part of the driver’s driving.

Ultimately, the Defendant, by the above occupational negligence, destroyed the car of the victim H to the extent equivalent to KRW 755,236,00,000 for repair costs, but did not immediately stop and take necessary measures, and escaped.

3. From around 23:00 on June 23, 2018, the Defendant interfered with the performance of official duties, and the injured Defendant caused a traffic accident as described in paragraph (2) before the Defendant’s food in Songpa-gu Seoul.

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